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Posts Tagged ‘AirBnB’

Check your Lease before Listing a Short-term Rental

February 18, 2016 Leave a comment

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.

– All Rights Reserved © 2016 by Michael L. Mau, Esq. and The Mau Law Firm

 

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Short Term Rental Legislation in San Francisco

February 2, 2015 Leave a comment

New legislation in the City and County of San Francisco is taking effect that allows qualified residents to legally rent their units through the Short-Term Residential Rental Registry via the San Francisco Planning Department.  San Francisco Ordinance No. 218-14 was signed to amend the Administrative and Planning Codes to allow permanent residents of residential properties to conduct short-term rentals.  This essentially attempts to legalize what has already been an ongoing practice via services like AirBnB.

Eligible property owners and tenants can now apply to place their permanent residence on the Short-Term Residential Rental Registry.  Residents may not legally rent their unit (in its entirety or a portion of) as a short-term residential rental until they have received a Short-Term Rental Registration number from the Planning Department.  With a valid Short-Term Residential Registration Number, residents may rent their permanent residential unit for periods of less than 30 nights under certain conditions without violating Chapter 41A of the Administrative Code (the Residential Unit Conversion and Demolition Ordinance) or the Planning Code.  This includes renting a portion of their unit while they are also present for an unlimited number of nights per year, or renting all or a portion of their unit while they are not present, for a maximum of 90 nights per year.  Tenants are prohibited from making more than their monthly rent from fees charged to their guests.  For more information, see the full Press Release from the Planning Department.

– All Rights Reserved © 2015 by Michael L. Mau, Esq. and The Mau Law Firm