Can I STR with an apartment that I don’t own?

Can I STR with an apartment that I don’t own?

Member since 2022 · 68 posts · 38 votes

Hello!

Is it possible to list an apartment that I don’t own on AIRBNB, VRBO, etc? How can I use an apartment that I’m renting to create extra income?

All of this assumes consent from my landlord. I just need to know if I’d be breaking any laws. Thanks for the help!

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Member since 2022 · 4 posts · 6 votes
4y

the answer is yes.... its call rental arbitrage.  many people do it with the expressed consent of the property owner.  just make sure the owner is ok and the property you rent in is ok with it as well... 

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    4y

    I have a friend that has done exactly that.  As you pointed out, she had consent of her landlord.

    Shortly after we bought an apartment, we discovered a tenant that was renting via AirBNB which was a clear violation of the lease.  We forced her to stop.  She was near the end of her lease so did not renew her lease after that.

  • Member since 2022 · 4 posts · 6 votes
    4y

    the answer is yes.... its call rental arbitrage.  many people do it with the expressed consent of the property owner.  just make sure the owner is ok and the property you rent in is ok with it as well... 

  • Member since 2022 · 68 posts · 38 votes
    4y
    Quote from @Paul Mac:

    the answer is yes.... its call rental arbitrage.  many people do it with the expressed consent of the property owner.  just make sure the owner is ok and the property you rent in is ok with it as well... 

    Thanks, Paul. I’m familiar with arbitrage, I was just worried the rules would be different somehow when it came to short-term rentals as opposed to longterm tenants. @Paul Mac

  • Real Estate Agent · Austin, TX · Member since 2020 · 1k+ posts · 941 votes
    4y

    @Oladimeji Sonibare You need to check with your city. In my city there are restrictions against short-term rentals.

  • Member since 2022 · 68 posts · 38 votes
    4y

    Thanks, @Conner Olsen.

    I live in NYC and intended on starting here, but they've virtually outlawed it. It's only legal if you're on-property during the rental period and the renter needs to have access to the entire space. Meaning you can't lock yourself in a room and rent out the rest. It's wild, actually.

    What I'm considering now is starting in NJ or another one of the neighboring states/cities. I'll keep looking. Thanks for the heads' up.

  • Member since 2022 · 4 posts · 6 votes
    4y

    @Oladimeji Sonibare I live in Florida now and I was a real estate broker in NYC for 11 years. 

    I did airbnb in NYC. I managed 5 properties all near times square, rockefeller, and hells kitchen.  At one point it was legal and then it became illegal. I was doing was very short term(3 days and up).  Then NYC came up with an anti airbnb task force and then started implementing fines.  when the risk got too high i got out.  BUT!!!!! if my memory serves me correctly, you can still do short term in NYC if the term of the stay is above 30 days(I believe).... I've been living in florida now for 5 years so if my information is not current please forgive me. 

  • Member since 2022 · 68 posts · 38 votes
    4y
    Quote from @Paul Mac:

    @Oladimeji Sonibare I live in Florida now and I was a real estate broker in NYC for 11 years. 

    I did airbnb in NYC. I managed 5 properties all near times square, rockefeller, and hells kitchen.  At one point it was legal and then it became illegal. I was doing was very short term(3 days and up).  Then NYC came up with an anti airbnb task force and then started implementing fines.  when the risk got too high i got out.  BUT!!!!! if my memory serves me correctly, you can still do short term in NYC if the term of the stay is above 30 days(I believe).... I've been living in florida now for 5 years so if my information is not current please forgive me. 

     @Paul Mac


    Nope. You’re actually spot-on. I discussed it with a lawyer yesterday and you’re only confirming what he told me. Thanks. I’m not exactly sure how to find a group willing to stay for 30+ days. I guess visiting executives? If I can find the kind of property to market to them, perhaps that could work. What do you think?

  • Member since 2022 · 4 posts · 6 votes
    4y
    Quote from @Oladimeji Sonibare:
    Quote from @Paul Mac:

    @Oladimeji Sonibare I live in Florida now and I was a real estate broker in NYC for 11 years. 

    I did airbnb in NYC. I managed 5 properties all near times square, rockefeller, and hells kitchen.  At one point it was legal and then it became illegal. I was doing was very short term(3 days and up).  Then NYC came up with an anti airbnb task force and then started implementing fines.  when the risk got too high i got out.  BUT!!!!! if my memory serves me correctly, you can still do short term in NYC if the term of the stay is above 30 days(I believe).... I've been living in florida now for 5 years so if my information is not current please forgive me. 

    I can share with you some of my tips and tricks but this may be more of an offline conversation.  

     @Paul Mac


    Nope. You’re actually spot-on. I discussed it with a lawyer yesterday and you’re only confirming what he told me. Thanks. I’m not exactly sure how to find a group willing to stay for 30+ days. I guess visiting executives? If I can find the kind of property to market to them, perhaps that could work. What do you think?


  • Real Estate Coach · Robbinsville, NJ · Member since 2017 · 185 posts · 99 votes
    4y

    good luck finding a landlord willing to agree to that. essentially it is subletting.

  • Member since 2022 · 68 posts · 38 votes
    4y
    Quote from @Paul Camuto:

    good luck finding a landlord willing to agree to that. essentially it is subletting.

    I agree, but I’m also open to renting the property above market, if it means I get to use it as an investment. I’ll try and incentivize him/her. 
  • Realtor · College Station, TX · Member since 2020 · 121 posts · 58 votes
    4y

    @Oladimeji Sonibare

    I started this exact way. It's not equity, but it's a start for sure. My advice here would be to check with the apartments lease and make sure nothing prohibits STR.

    I saw another comment you made regarding 30 day rentals. I’ve seen a huge increase in 30+ day rentals in my market (College Station, Tx.) From travel nurses, to displaced students between leases, and most often folks who are closing on a property and their appraisals and funding is taking forever so they need a place for a few weeks/ sometimes months.

    If you’re looking for 30+ day rentals a good way to find this is your local travel nurse Facebook page. Most cities have them and it just takes 1 connection. When I get a travel nurse to stay they usually refer other travel nurses needing 30+ day accommodations.

    Good luck!

  • Member since 2022 · 68 posts · 38 votes
    4y
    Quote from @Bryant Xavier:

    @Oladimeji Sonibare

    I started this exact way. It's not equity, but it's a start for sure. My advice here would be to check with the apartments lease and make sure nothing prohibits STR.

    I saw another comment you made regarding 30 day rentals. I’ve seen a huge increase in 30+ day rentals in my market (College Station, Tx.) From travel nurses, to displaced students between leases, and most often folks who are closing on a property and their appraisals and funding is taking forever so they need a place for a few weeks/ sometimes months.

    If you’re looking for 30+ day rentals a good way to find this is your local travel nurse Facebook page. Most cities have them and it just takes 1 connection. When I get a travel nurse to stay they usually refer other travel nurses needing 30+ day accommodations.

    Good luck!

    @Bryant Xavier


    Wow. I hadn’t even considered travel nurses; that makes perfect sense. I’ll look into it tonight. Thanks a ton, man. Beast of luck to you too.

  • Residential Real Estate Broker · Sedona, AZ · Member since 2017 · 754 posts · 504 votes
    4y
    Quote from @Oladimeji Sonibare:

    Hello!

    Is it possible to list an apartment that I don’t own on AIRBNB, VRBO, etc? How can I use an apartment that I’m renting to create extra income?

    All of this assumes consent from my landlord. I just need to know if I’d be breaking any laws. Thanks for the help!


    Hi Oladimeji.

    Hah! As long as the landlord signs off and it's allowed by property, HOA, subdivision, county, town and state, then go for it! The funny thing is, the liability is mainly on the landlord- so get permission in writing.

  • Member since 2022 · 68 posts · 38 votes
    4y
    Quote from @Chad McMahan:
    Quote from @Oladimeji Sonibare:

    Hello!

    Is it possible to list an apartment that I don’t own on AIRBNB, VRBO, etc? How can I use an apartment that I’m renting to create extra income?

    All of this assumes consent from my landlord. I just need to know if I’d be breaking any laws. Thanks for the help!


    Hi Oladimeji.

    Hah! As long as the landlord signs off and it's allowed by property, HOA, subdivision, county, town and state, then go for it! The funny thing is, the liability is mainly on the landlord- so get permission in writing.

    @Chad McMahan Fantastic. I’ll keep that in mind. Thanks a lot, Chad.

  • Real Estate Coach · Boise, ID · Member since 2022 · 177 posts · 285 votes
    4y

    I'm not giving any legal advice but in the words of Timothy Ferriss "Better to ask forgiveness than beg for approval" -Four Hour Workweek

  • Member since 2022 · 4 posts · 6 votes
    4y
    Quote from @Matthew McKee:

    I'm not giving any legal advice but in the words of Timothy Ferriss "Better to ask forgiveness than beg for approval" -Four Hour Workweek


     I love Tim... HIs book 4 Hour Work week is what shifted my mind to become and entrepreneur.   

  • Member since 2022 · 1 post · 1 vote
    4y

    @Chad McMahan What are those possible liability(ies) on the landlord. An AirBnB Super host approached me today for my 3bedroom/ 2bathroom in NJ today and I am weighing my options.

  • Real Estate Agent · Tulsa, OK · Member since 2020 · 21 posts · 17 votes
    4y

    In Arkansas, you can; however, it would be unlikely that you'd be able to find a landlord who would allow you to sublet, unless you handled all cleaning, furnishing, and guest correspondence, and the monthly rent they would receive as the owner would exceed what they could get as a normal long term rental.

    I'm a property manager, and have had several "AirBnB Arbitragers" approach me, requesting this very same arrangement. I always tell the owner of the property that this is an offer on the table, and they usually decline.

  • Residential Real Estate Broker · Sedona, AZ · Member since 2017 · 754 posts · 504 votes
    4y
    Quote from @Matthew McKee:

    I'm not giving any legal advice but in the words of Timothy Ferriss "Better to ask forgiveness than beg for approval" -Four Hour Workweek


    Yikes! A realtor advising you to not get permission... scary.
  • Residential Real Estate Broker · Sedona, AZ · Member since 2017 · 754 posts · 504 votes
    4y
    Quote from @Samson Animashaun:

    @Chad McMahan What are those possible liability(ies) on the landlord. An AirBnB Super host approached me today for my 3bedroom/ 2bathroom in NJ today and I am weighing my options.


    Hi Samson.
    There are quite a few risks to the landlord. A few examples that have been surfacing regularly across many states- Crazy late night parties from STR tenants... the landlord is liable and can be fined or worse, depending on the location and severity. Damage to the property... the landlord is likely liable, depending on the lease contract. MANY other risks as well.
  • Michael PorchePro Member
    Rental Property Investor · Boise, ID · Member since 2017 · 220 posts · 101 votes
    4y

    Hey!! A quick answer for you; No you shouldn't be breaking any laws if you are getting the permission from the landlord. I would always check with the city and give a call to planning and zoning. However if you are doing it out of an apartment, usually that means it is zoned for stuff like that. I'm no attorney but it's always safe to ask the city... May I ask why not go straight to owning for airbnb?

  • Member since 2022 · 68 posts · 38 votes
    4y

    @Michael Porche

    Hey, Michael. Thanks for the reply. I’m leaning more towards arbitrage for a few reasons:

    1. Less money up front. All it takes is one month’s rent and security, as opposed to a down payment.
    2. My potential exit is a lot simpler/less messy. Assuming my LL was open to signing leases for as short as 6 months, I can use this model to work the peak seasons, exclusively. Once is over, my lease is up and I sign another one the following year. Compare that with having to worry about a mortgage year-round.

  • Member since 2022 · 68 posts · 38 votes
    4y
    Quote from @Chad McMahan:
    Quote from @Samson Animashaun:

    @Chad McMahan What are those possible liability(ies) on the landlord. An AirBnB Super host approached me today for my 3bedroom/ 2bathroom in NJ today and I am weighing my options.


    Hi Samson.
    There are quite a few risks to the landlord. A few examples that have been surfacing regularly across many states- Crazy late night parties from STR tenants... the landlord is liable and can be fined or worse, depending on the location and severity. Damage to the property... the landlord is likely liable, depending on the lease contract. MANY other risks as well.

     While I agree that the landlord could potentially be on the hook for these things, I also feel like these issues can easily be addressed within the terms of our agreement. Ex: “No parties/loud music”

  • Michael PorchePro Member
    Rental Property Investor · Boise, ID · Member since 2017 · 220 posts · 101 votes
    4y
    Quote from @Oladimeji Sonibare:

    @Michael Porche

    Hey, Michael. Thanks for the reply. I’m leaning more towards arbitrage for a few reasons:

    1. Less money up front. All it takes is one month’s rent and security, as opposed to a down payment.
    2. My potential exit is a lot simpler/less messy. Assuming my LL was open to signing leases for as short as 6 months, I can use this model to work the peak seasons, exclusively. Once is over, my lease is up and I sign another one the following year. Compare that with having to worry about a mortgage year-round.


     For sure my man! I actually started my journey with no money down strategies and went from 1-6 properties in 4 months. I believe it takes the same amount of energy, just got to learn a little more on how to do it. Would you like some info on that? If so I can message you

  • Real Estate Coach · Boise, ID · Member since 2022 · 177 posts · 285 votes
    4y
    Quote from @Chad McMahan:
    Quote from @Matthew McKee:

    I'm not giving any legal advice but in the words of Timothy Ferriss "Better to ask forgiveness than beg for approval" -Four Hour Workweek

    Just quoting a book but in case the beginning of a one sentence sentiment was skimmed over The Four Hour Work Week also has speed reading techniques.

    Stay Classy BP
    Yikes! A realtor advising you to not get permission... scary.

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