Check your Lease before Listing a Short-term Rental
A new law in effect for 2016, requires short-term vacation rental websites such as Airbnb to provide disclosures to tenants. While subletting is often not allowed in rental agreements, and can even lead to eviction, many tenants don’t know this or even review their own rental agreements before trying it. A tenant should always review their lease first, to see what is and is not allowed, for any new planned activity. SB 761 places the burden on operators of home-sharing websites — such as Airbnb, HomeAway, Flipkey and others — to remind renters to check their leases or ask their property managers before engaging in subletting. The hosting platforms will do this by posting an online notice that customers must acknowledge having read before listing a rental. Prohibitions on subletting exist for good reasons. Tenants who sublet often give out security codes and keys without tracking them, and vacationers who rent the units often use the common areas, such as swimming pools or parking, at disproportionate levels. Noise complaints are also a common occurrence. SB 761 is now law as new Sections 22590 to 22594 in the California Business & Professions Code.
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