Tenant subletting rooms via Airbnb

[james55]

Anyone know the law in regards to tenants renting out rooms on airbnb. The tenant still lives at the property but is renting out rooms on airbnb. They tenancy agreement states "no subletting" however I cannot get a clear understanding of whether this is considered subletting since the tenant still lives at the property.

[Bobsyouruncle]

In your case James as you seem to require everything perfect just ensure if you ever buy a house to rent that the tenancy agreement specifically excludes airbnb and anything else you are afraid of.

[Don't believe the Hype]

In your case James as you seem to require everything perfect just ensure if you ever buy a house to rent that the tenancy agreement specifically excludes airbnb and anything else you are afraid of.

different James bob... This is james55 not jamesnz.

The easy way to tell them apart is this guy actually bought something

[Bobsyouruncle]

Oh thanks, sorry James :-). Seeing it's YOU it is an interesting question. Any PM's have an answer?

[Davo36]

I'd say this is subletting for sure.

So the PMs here will be able to say what notice you give them or whatever.

[Don't believe the Hype]

I'd say this is subletting for sure.

So the PMs here will be able to say what notice you give them or whatever.

in Aus some body corporates have banned AirBnB in their bylaws... From memory AirBnB is illegal in NYC but that doesn't stop them operating... There are ways and there are ways... I was the cousin of the Hispanic tenant in a doorman building... Everyone knew I wasn't Jose from NZ but no one cared or challenged me.

I doubt you'll be able to stop it...

[Nick G]

Check with your insurer.

[donna]

Ha the tenant could be making more $$ from your property than you are. This will have us all wondering how tight our TAs are. Better check out the AirBnB website to see if our rentals are on it.

[Son of G]

How about a different perspective?
Just put the rent up...

If the tenant is doing well on AirBnB I would be surprised if they wanted to move. Also to get a good rating rating they will need to keep the property in perfect condition. There will be no problems with mould, dampness & drying the clothes inside while the windows are kept tightly shut. Your property is also getting a fresh inspection with every rating.

[Keithw]

nice bit of lateral thinking there, still possible insurance issues though

[Rosco]

Anyone know the law in regards to tenants renting out rooms on airbnb. The tenant still lives at the property but is renting out rooms on airbnb. They tenancy agreement states "no subletting" however I cannot get a clear understanding of whether this is considered subletting since the tenant still lives at the property.

What is your issue with this, apart from the tenant is making some money out of your property?

If it is extra wear and tear, as another poster has mentioned, I would discuss it with the tenant and then increase the rent to allow for any extra cost (plus a bit).

Then its a win win, you get extra rent, and the tenant can continue to earn airbnb income

Ross

[Bobsyouruncle]

I guess one could argue it is somewhat outside of the spirit of AirBnB in the sense that the concept was to allow owners to make some more money and it is their decision to vet who comes based on feedback etc. so they are taking a calculated risk with their own property. Letting a tenant do that with somebody elses property is not the same. I would certainly terminate any tenant who did it to us.

[Keys]

It entirely depends upon how your TA is worded.

[donna]

Insurance - the tenant could say they did it but unintentionally and if the recent example of case law is used then they'd get off - and the insurance company will not pay out and the clean up is left with the LL. Doesn't seem a good deal for LL.

[andyp2010]

Airbnb covers any damage the airbnb'er causes. It's a win-win for everyone, like the former poster says, you get your place looked after 10x better, they want to stay longer usually and you'll always get your rent regardless of their job situation. Your only issue can be if you care about someone else making money from your asset, IMO it doesn't matter as long as I'm meeting my goals and it's not taking from my pocket.