Avoiding Tenant Eviction on Monthly Rentals

[Alison R.]

I'm starting my first rental in a few months on a lake that has a strict HOA in Monroe County, PA. Rentals less than 30 days are not allowed, but I still plan on using AirBnB's monthly rental option to bring in guests. PA has laws that protect tenants if they stay in a rental more than 20 days. My property manager suggested having the guest check out after two weeks and check back in for the remainder two weeks to avoid having to possibly evict anyone that won't leave after their booked month is over. Others have advised to have a rental agreement in place, but this would only make an eviction easier not avoid it all together. Do you have any recommendations or best practices to avoid the risk of eviction on monthly rentals?

[Bruce Woodruff]

You're kinda playing with fire here. Trying to get around the HOA by having them rent twice is sketchy, and I would certainly not want to play with the possibility of being stuck with a tenant. Maybe just do a typical LTR with this one....?

[Alison R.]

@Bruce Woodruff thanks for your input! I thought checking out and then in again was sketchy also.

[JD Martin]

Quote from @Alison R.:

@Bruce Woodruff thanks for your input! I thought checking out and then in again was sketchy also.

I used to live in Monroe County. What lake & what HOA? Maybe I'm familiar with it. I will tell you you're not going to endear yourself to the HOA with this strategy, nor the courts if you get stuck with someone as it will be obvious that your intent was to circumvent the HOA's rules on STRs.

[Alison R.]

@JD Martin the property is on Monroe Lake. Do you think it would be best just to have a rental agreement signed during booking? Also, let me know if you have any recommendations for property managers. I'm not set on the one I'm currently talking to. Thank you for your help!

[Jared Hottle]

Why not just keep stays under the 20 days? If you think it will work as a short term rental it still could be very lucrative.

[Andrew B.]

imagine going to court and trying to explain to the judge "they didn't stay for 30 days. they stayed for 15 days twice, with no gap inbetween." 

I'm not a lawyer, but I doubt the court will side with you there. IMO this is not a valid loophole.

[Bruce Woodruff]

Quote from @Andrew B.:

imagine going to court and trying to explain to the judge "they didn't stay for 30 days. they stayed for 15 days twice, with no gap inbetween." 

I'm not a lawyer, but I doubt the court will side with you there. IMO this is not a valid loophole.

 I'm not a lawyer but have been to court a few times. That would irritate the heck out of the judge!

[Dan Maciejewski]

Quote from @Alison R.:

 Do you think it would be best just to have a rental agreement signed during booking? 

Yes, have a rental agreement. Depending on your area, you should be able to get a state lease, or have an attorney draft you one for your specific circumstance. That will help you with the HOA and the courts if you ever have a problem. Make sure you follow the rules and document. I don't know your area, but in my experience, people that want to rent for 30 days will usually rent for a few months. So you may only end with 3-4 turns per year.  

My impression is that PA isn't like WA or NY for holdovers, so you most likely will never have that issue, especially with short term or medium term vacation rentals, but it never hurts to think about!

Also, advertise on furnished finders and VRBO, too.

[Alison R.]

@Jared Hottle the HOA doesn't allow rentals under 30 days.

[Curtis Mears]

@Alison Resetar

I would be real leary about circumventing the HOA. Eventually, they will find out, and can make your life miserable. I would simply look at long term rentals and avoid the str altogether.