4 ms·
The tenant signed a lease, and should be aware of the clauses within it. Usually leases forbid subletting w/o the landlords approval.
by gpapilion 13y ago
The tenant signed a lease, and should be aware of the clauses within it.
Usually leases forbid subletting w/o the landlords approval.
- toufka 13y agoAt least in this case, it appears to be a law that is being violated, rather than a clause in a lease. The clause in the lease that is getting people evicted states, "any illegal activity". So just reading your lease is insufficient to determine whether or not one could rent a room. Further, from the article: "San Francisco bans all residential rentals of less than 30 days unless the hosts have a conditional use permit - an expensive and cumbersome process that virtually everyone ignores. The ban applies whether the hosts own or rent, paying guests visit frequently or once a year, or hosts rent out a room or an entire dwelling." So at least in SF - anyone using AirBNB at all is breaking the law, irrespective of one's lease or ownership status.
- baddox 13y agoThere still is (at least to me) a difference between specific illegal activity involving housing laws and simply any illegal activity in the apartment. Can you get evicted for, say, lying on your taxes from your apartment?
- eloisant 13y agoThe point here is "using the apartment for an illegal activity".
- baddox 13y agoThat's what I mean. I've heard of people getting evicted for drug offenses conducted from the apartment, but not for lying on taxes from the apartment.
- Mindless2112 13y agoIf it could be proved that you "used the apartment" in lying on your taxes, I don't see why it wouldn't be legally enforceable.
- goodcanadian 13y agoProbably, yes, they could evict you for conducting that particular illegal activity in your apartment. Whether or not a landlord is likely to is a different question. Remember that the clause says that the can evict you, not that they are obligated to. I can imagine a scenario where a landlord might try it if they wanted rid of you for some other reason.
- gpapilion 13y agoI would generally say both are being violated.
- bsder 13y agoMost leases include clauses about complying with applicable laws.
- calbear81 13y agoIn this case, it's not really a sublease because the tenant was occupying the unit at the same time.
- sp332 13y agoShort-term rentals are illegal regardless of lease terms.
- deleted 13y ago[deleted]
- 001sky 13y agoBut if you profit off illegal activity and/or look the other-way... you have created a nexus with that activity...wilful negligence etc. How do you stay out of the legal crosshairs?
- goodcanadian 13y agoBut if you profit off illegal activity and/or look the other-way... you have created a nexus with that activity...wil[l]ful negligence etc. How do you stay out of the legal crosshairs? You don't. AirBnB is potentially creating a huge amount of legal liability for themselves. It will be interesting to see how it shakes out.