4 ms·

In Douglas County, which is home to Nevada’s South Lake Tahoe, fines can accrue up to the value of the property. But at least in bankruptcy I think primary hom

by awb 4y ago

In Douglas County, which is home to Nevada’s South Lake Tahoe, fines can accrue up to the value of the property. But at least in bankruptcy I think primary homes are hard to claim by other parties. Not sure about the government though.

adgjlsfhk1 4y ago
if it's being used for air bnb enough, it's not a primary home.
- awb 4y ago
  Lots of people AirBnB their primary home when they’re traveling.
  - gnopgnip 4y ago
    Are lots of people subletting part time like that? Or are virtually all the listings from permanent hosts?
  - consp 4y ago
    At least here (non us) most if not all rental contracts forbid renting your place out as well as most mortgages. Some even have special Airbnb clauses with penalties attached. I know you can get mortgages which specifically allow it but in general they are more expensive, my guess is because there is a risk element involved for the lender. Note: you can let people stay for free as house guardians, as this is not commercial activity.
    - Semaphor 4y ago
      Here in Germany, subletting can’t be forbidden without cause. You have to let the landlord know, but they can’t forbid it without giving specific reasons.
      - Xylakant 4y ago
        This is false. The law stipulates that you must obtain permission from the landlord prior to subletting (§ 540 Abs. 1 S. 2 BGB, § 553 BGB) which must be granted if the renter has legitimate interest to sublet. The burden of proof is on the renter. Subletting individual rooms or the entire apartment to tourists (AirBnB) in the interest of earning money is usually not considered a sufficiently good reason and as such the the decision is at the landlords discretion. You’ll have better chances if you sublet parts of your parts of your primary residence and can show that you’re long-term traveling for work or that the income is required to make the rent payment or similar interest. The landlord can increase the rent if they grant permission to sublet. There are exceptions auch as having your parents or kids move in, but they are very narrow. Even if you obtain the landlords permit, subletting to tourists may run afoul of legal restrictions. https://www.mieterbund.de/index.php?id=540 https://www.mieterbund.de/index.php?id=540 https://www.mietrecht.de/airbnb-untervermietung-was-sie-bei-der-vermietung-der-eigenen-wohnung-beachten-muessen/ https://www.mietrecht.de/airbnb-untervermietung-was-sie-bei-...
        Semaphor 4y ago
        The comment I replied to talked about subletting in general, then about special AirBnB clauses, I was only talking about the subletting part. edit: Ah, yeah, I confused who’s the one with the burden of proof, that part was indeed wrong
        Xylakant 4y ago
        You are still wrong. The renter must obtain permission from the landlord prior to subletting and must substantiate legitimate interest. Not doing so is a breach of contract and can ultimately lead to termination of your rental contract. If the landlord does not grant permission your only option is to sue. While legitimate interest is interpreted broadly, it doesn‘t mean „anything goes“. „I want to earn money on a cheap rental contract that I can sublet for more money“ is not legitimate interest. The legitimate interest must also be rooted in something that occurred after you signed the rental contract. „I can‘t afford this flat, so I‘ll still sign the rental contract and then sublet“ will not create a legitimate interest that requires your landlord to grant the permission. „My income situation has deteriorated after signing the contract“ has better chances of passing the test. Some examples of what does and doesn‘t constitute legitimate interest here https://www.mietrecht.org/untervermietung/berechtigtes-interesse-untervermietung-gruende/ https://www.mietrecht.org/untervermietung/berechtigtes-inter... The landlord can also deny the request if they have an overriding interest, for example if they expect that the sublet would disturb the community in the building. Contrast that with where permission is not required, for example having a second job. The only requirement is that you must notify your employer. You don‘t need to substantiate anything. The only option for your employer is to deny this on very narrow grounds. If they don‘t respond to your notification within reasonable time, you‘re in the clear. This is fundamentally different from the required legal procedure when subletting.
  - rtpg 4y ago
    Those are not the ones that are causing the most problems. Anyone who uses Airbnb seriously knows how rare it is for these places to be in anyone's primary homes (a lot of partial rentals or renting out of vacation homes when not there, of course)

by awb 4y ago

adgjlsfhk1 4y ago

if it's being used for air bnb enough, it's not a primary home.

awb 4y ago
Lots of people AirBnB their primary home when they’re traveling.
- gnopgnip 4y ago
  Are lots of people subletting part time like that? Or are virtually all the listings from permanent hosts?
- consp 4y ago
  At least here (non us) most if not all rental contracts forbid renting your place out as well as most mortgages. Some even have special Airbnb clauses with penalties attached. I know you can get mortgages which specifically allow it but in general they are more expensive, my guess is because there is a risk element involved for the lender. Note: you can let people stay for free as house guardians, as this is not commercial activity.
  - Semaphor 4y ago
    Here in Germany, subletting can’t be forbidden without cause. You have to let the landlord know, but they can’t forbid it without giving specific reasons.
    - Xylakant 4y ago
      This is false. The law stipulates that you must obtain permission from the landlord prior to subletting (§ 540 Abs. 1 S. 2 BGB, § 553 BGB) which must be granted if the renter has legitimate interest to sublet. The burden of proof is on the renter. Subletting individual rooms or the entire apartment to tourists (AirBnB) in the interest of earning money is usually not considered a sufficiently good reason and as such the the decision is at the landlords discretion. You’ll have better chances if you sublet parts of your parts of your primary residence and can show that you’re long-term traveling for work or that the income is required to make the rent payment or similar interest. The landlord can increase the rent if they grant permission to sublet. There are exceptions auch as having your parents or kids move in, but they are very narrow. Even if you obtain the landlords permit, subletting to tourists may run afoul of legal restrictions. https://www.mieterbund.de/index.php?id=540 https://www.mieterbund.de/index.php?id=540 https://www.mietrecht.de/airbnb-untervermietung-was-sie-bei-der-vermietung-der-eigenen-wohnung-beachten-muessen/ https://www.mietrecht.de/airbnb-untervermietung-was-sie-bei-...
      - Semaphor 4y ago
        The comment I replied to talked about subletting in general, then about special AirBnB clauses, I was only talking about the subletting part. edit: Ah, yeah, I confused who’s the one with the burden of proof, that part was indeed wrong
        Xylakant 4y ago
        You are still wrong. The renter must obtain permission from the landlord prior to subletting and must substantiate legitimate interest. Not doing so is a breach of contract and can ultimately lead to termination of your rental contract. If the landlord does not grant permission your only option is to sue. While legitimate interest is interpreted broadly, it doesn‘t mean „anything goes“. „I want to earn money on a cheap rental contract that I can sublet for more money“ is not legitimate interest. The legitimate interest must also be rooted in something that occurred after you signed the rental contract. „I can‘t afford this flat, so I‘ll still sign the rental contract and then sublet“ will not create a legitimate interest that requires your landlord to grant the permission. „My income situation has deteriorated after signing the contract“ has better chances of passing the test. Some examples of what does and doesn‘t constitute legitimate interest here https://www.mietrecht.org/untervermietung/berechtigtes-interesse-untervermietung-gruende/ https://www.mietrecht.org/untervermietung/berechtigtes-inter... The landlord can also deny the request if they have an overriding interest, for example if they expect that the sublet would disturb the community in the building. Contrast that with where permission is not required, for example having a second job. The only requirement is that you must notify your employer. You don‘t need to substantiate anything. The only option for your employer is to deny this on very narrow grounds. If they don‘t respond to your notification within reasonable time, you‘re in the clear. This is fundamentally different from the required legal procedure when subletting.
- rtpg 4y ago
  Those are not the ones that are causing the most problems. Anyone who uses Airbnb seriously knows how rare it is for these places to be in anyone's primary homes (a lot of partial rentals or renting out of vacation homes when not there, of course)