AirBnB/Vacation Rental: Does it count as a lease?

Question

Hello,

A lot of the places that I find around here have an addition built that "shall not be rented or leased".

Is anyone familiar with AirBnB's terms? I don't believe there is any lease or rent agreement with the guests, is there?

Rod F. Hatefi · Answer

Reserving a room via AirBnB is like staying at a hotel. The "guests" are not tenants and there is no lease or rental agreement required. These guests are considered "transients" and that's how the City can charge a hotel tax or transient tax. I believe the break-point to becoming a tenant is at the 30 day mark vs. vacation rental guests.

You can ask guests to leave your property immediately if they break the rules. They are technically trespassers at that point vs. tenants that have leasehold rights that affords them due process via eviction action / unlawful detainer.

If you are going to do a vacation rental, make sure that you check your City ordinances, HOA restrictions and give a head's up to your neighbors. There are a lot of ways to be a good host ... Let me know if you want to consider a vacation rental management company.

John Underwood · Answer

For AirBNB it would be up to you and you should clearly state in your ad if your renting a room or all but a certain space.

In my Homeaway VRBO listing I have a contract that the renter agrees to when they make the reservation. I could rent the whole house and exclude use of the garage or room over the garage if I so chose to do so.

Lee Ripma · Answer

Perhaps that addition is considered uninhabitable by the City. My reading would be that you're not allowed to airbnb it, of course they would have to catch you doing it. The mechanism for this would be having a schedule C filed in the City of SD and reporting income that doesn't have a biz license from them. If you have a biz license from them they will know you're renting it. I think a biz license is required to operate airbnb in the city, but worth checking into. A lot of the municipal zoning now prevents rentals under 7 days as well, so look up your zone and check. If you want some additional feedback post your zone here once you know it and the size in sf of the lot. It's possible you could add another unit to the back that is different from the addition.

http://apps3.sandiego.gov/siteinfoweb/begin.do

@Justin R. Is the City of SD Pro when it comes to these types of things.

Bruce May · Answer

It could be listed that way because it's not a stand alone "rental" unit with it's own utilities. I'd ask the seller or seller's agent to get more details.

Lee Ripma · Answer

Is the "place" a condo or a SFH/MFH?

Thomas S. · Answer

You may also want to check with the state landlord tenant regulations to determine where short term rentals fall under the code.

Jake Miller · Answer

From what perspective are you talking about?

Are you saying you're thinking of buying a place and renting out the addition and wondering if that will go against san Diego's policy? It's likely if you read the fine print they will mention "short-term" somewhere as against their renting policy of those additions, if they don't then you have no problem renting it out. But San Diego ranks as one of the worst in terms of rental restrctions for short terms so I would call a title company or city office and find out.

Account Closed · Answer

Hello! I am trying to set up my first airbnb listing in Philadelphia, PA. To do so airbnb is requesting that I get a Limited lodging License or a rental license with a hotel classification number.

I am in the process of applying for the limited Lodging license.

Part of the requirements for a Limited Lodging License is, I have to submit a change of use Zoning application. On my zoning application, the reviewer requested that I 1). present a license with the address of the property that I am attempting to airbnb and 2). requiring that I have lived at that location as my primary residence for 6 months

Is this something that anybody is familiar with or has experienced before? I cant say that it makes sense to me.

Thank you

Alan Asriants · Answer

Replied to your other post, in short Philly doesnt want STR

They don't want private owners running hotels in the city. For what reason? I don't know

Bruce May · Answer

Sounds like the addition my house has. The previous owner built it on for his mother and it's basically a one bedroom apartment. All the utilities are connected to the original house, so I might have the same restriction. I've never checked to see if I could rent it since my son lives there.

AirBnB/Vacation Rental: Does it count as a lease?

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