Many people buy second and third homes because they are financially able to do so and looking for another way to create residual income. Some of these investors choose to manage the rental process themselves. These people opt into being a direct landlord. Others may choose to hire a management company or rent the unit through a third party such as AirBnB. Most don’t realize that this does not free them from their duties as a landlord.
It is true that landlords have many rights that protect them in complicated legal discrepancies with tenants. It is also true that landlords have numerous responsibilities. Choosing to rent your space through AirBnB does not relieve you of those responsibilities. That is why you want to make sure you have a knowledgeable Las Vegas real estate attorney that can help you navigate those tricky tenant-landlord legal matters.
AirBnB and Real Estate Law
Naturally, AirBnB would like everyone with available property to rent their spaces through this online rental resource. Unfortunately for unsuspecting owners, the facts about what can happen when you lease your property are not as well broadcast as they probably should be. In one California case, the lack of knowledge about certain real estate laws got a landlord in a mess of trouble.
Cory Tschogl rented her condo to two brothers for 30 days. Sadly, the brothers took advantage and stayed for 14 extra days without paying. When Tschogl tried to get the brothers to vacate the unit, they refused to leave.
California law states that any person who rents a property for longer than 30 days becomes a tenant. That means, if you want to evict someone, you have to follow the full eviction process. The tenant must be served with an official notice and then given 30 days to vacate. In Tschogl’s case, the brothers became squatters because she was not aware that her association with Air BnB did not eliminate her responsibilities as a landlord.
Of course, these laws are designed to protect tenants and landlords. Landlords should not be allowed to throw a tenant out on the street with little or no justification. A tenant should not be allowed to not pay rent with no ramifications. Landlords just need to understand that their responsibility is not forfeited once a unit is rented through a third party.
To address this issue, Air BnB has committed to make the necessary changes to its platform in order that users can better understand “long-term reservations.” This information will probably be added to the current “terms of service” letter. Unfortunately, since that letter tends to go unread, it can be assumed that this kind of activity may not decrease as much as Air BnB would like.
Please note that the landlord-tenant laws vary from state to state.
That is why hiring the real estate lawyer Vegas trusts is the wisest thing you can do. Landlord-tenant laws can be too confusing to navigate on your own. Just contact the Nevada’s Simon Law attorney, having over 30 years of experience in real property law. For more information about this Las Vegas lawyer, contact 702.451.7077 or info@marcsimonlaw.com.
