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Old 05-29-2018, 09:20 PM
 
2,516 posts, read 7,558,066 times
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Are you buying the property for use as a vacation rental, or your permanent residence? The restriction in question appears to presuppose that the property will continue to operate as a vacation rental after transfer, as it requires that rental agreements within 180 days of sale must be honored. That is not reasonable if someone is buying property that they intend to live in. Where are you supposed to live for six months? Whose furnishings will be provided for use by the paying guests? Do you see why it matters if you plan to live there, or rent it out?

Generally speaking, if you buy residential property that is subject to a lease, you may terminate if you plan to live there, yourself; whereas, you might be restricted in doing so, in order to lease it to someone else. I cannot imagine that the law in question (which I have skimmed) is intended to apply to property that will become the buyer's primary residence. That is the first thing you need to find out.

If, in some strange legal universe, you are bound by this AirBnB agreement, the rent is yours, and the seller/landlord must hold it in escrow for you.

Last edited by katenik; 05-29-2018 at 09:30 PM..
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Old 05-30-2018, 10:12 AM
 
14,438 posts, read 16,341,885 times
Reputation: 12905
Quote:
Originally Posted by katenik View Post
...

Generally speaking, if you buy residential property that is subject to a lease, you may terminate if you plan to live there, yourself; whereas, you might be restricted in doing so, in order to lease it to someone else. ...
That doesn't seem correct. A new buyer can't terminate a lease just because they plan to live there. If a tenant is on a lease with a specific lease end date that hasn't yet passed, then the lease prevails.

Last edited by sware2cod; 05-30-2018 at 10:58 AM..
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Old 05-30-2018, 10:59 AM
 
Location: Frederick, Maryland
897 posts, read 423,463 times
Reputation: 2818
WAIT A MINUTE. I didn’t read all the post so someone might have mentioned this angle already....

Call your homeowners insurance company PRONTO before you do anything. Make sure you are covered if the renters burn down your house. Do they require a particular umbrella policy if you are renting out your home? Will you have coverage if you rent out your home?

My husband spent 45 years in the insurance industry. This could be a potential nightmare. Make sure you are covered. If your realtor doesn’t sort this out to your liking....buy an hour with a real estate attorney.
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Old 05-30-2018, 10:59 AM
 
1,316 posts, read 941,970 times
Reputation: 3379
Quote:
Originally Posted by goldenlove View Post
Really? So screw those vacationers who have reserved the home rather than contacting Airbnb and having them contact the vacationers. That's seriously a mean and nasty thing to do.
It's really not the OP's problem - it's the home's former owner. THEY are responsible for taking care of their guests.
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Old 05-30-2018, 11:13 AM
 
Location: Frederick, Maryland
897 posts, read 423,463 times
Reputation: 2818
Quote:
Originally Posted by sware2cod View Post
That doesn't seem correct. A new buyer can't terminate a lease just because they plan to live there. If a tenant is on a lease with a specific lease end date that hasn't yet passed, then the lease prevails.
Even for a short term rental with Air bnb? So letís say the seller has the house booked with guests for a year following the sale of the property. Are you saying the buyer isnít legally permitted to live in the house until all rental agreements are satisfied?

What if the rentals arenít back to back? Does she have to move out of her home to honor these rental agreements? If thatís the case, I wouldnít buy the home. The risk of damage could be great.
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Old 05-30-2018, 11:24 AM
 
Location: Boston
5,097 posts, read 1,469,646 times
Reputation: 3735
cancel the bookings, this is simple.
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Old 05-30-2018, 11:52 AM
 
14,438 posts, read 16,341,885 times
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Quote:
Originally Posted by homeonthelittlemountain View Post
Even for a short term rental with Air bnb?
Check AirBNB terms for these rules. These rules are the lease agreement that the property owner must abide to. Contact AirBNB if questions. The seller, in this case, should be providing the agreed upon lease details to the buyer. The seller should also give buyer any deposits that have already been given on the property, for future stays that take place after the buyer becomes the owner.

It's possible the current owner can pay a fee or arrange with AirBNB to somehw cancel the future stays. Often this can be done by paying the future renters money to agree to cancellation but if it's not written in the original agreement, then the owner has to negotiate it with the renters. But the renters don't have to agree if it's not in the rules.

All this depends on AirBNB rules. I would assume they spell the rules out clearly, since properties often change hands.
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Old 05-30-2018, 12:15 PM
 
Location: Finally the house is done and we are in Port St. Lucie!
3,488 posts, read 1,802,086 times
Reputation: 9683
Quote:
Originally Posted by kelly237 View Post
I found the perfect house and have a contract to buy it. but some confusing
issues have come up regarding airbnb bookings.

Before we had a contract I was told that it had rental agreements in place for
about 4 weeks in the 2 months after my closing. I was told that because of NC Vacation
Rental Act I had to honor those rental agreements. So I agreed thinking I had no choice.
I was going to use the weeks to travel.

Then we discovered that the "property manager" was a friend of the owners that lives there when it is not rented and that the rentals were done through airbnb. (in fact she is still advertising but that is a whole other story)

Airbnb says that the rental agreement is done with a host ( not a house) and cannot be transfered to me and should be canceled if the house sold.

I would prefer to get out of all of the booked rentals, zero interest in having strangers staying in my new house if I can avoid it.

Does anyone have experience or advice with this ?
My realtor is working on it, but I am also researching my situation.
Quote:
Originally Posted by sware2cod View Post
Check AirBNB terms for these rules. These rules are the lease agreement that the property owner must abide to. Contact AirBNB if questions. The seller, in this case, should be providing the agreed upon lease details to the buyer. The seller should also give buyer any deposits that have already been given on the property, for future stays that take place after the buyer becomes the owner.

It's possible the current owner can pay a fee or arrange with AirBNB to somehw cancel the future stays. Often this can be done by paying the future renters money to agree to cancellation but if it's not written in the original agreement, then the owner has to negotiate it with the renters. But the renters don't have to agree if it's not in the rules.

All this depends on AirBNB rules. I would assume they spell the rules out clearly, since properties often change hands.
The OP has the answer. She stated it in her opening post. AirBNB has stated that the contract needs to be cancelled.

Not sure why she is asking for suggestions since it is pretty well spelled out.
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Old 05-30-2018, 05:07 PM
 
Location: NC
1,800 posts, read 869,809 times
Reputation: 4216
Quote:
Originally Posted by mizzile View Post
It's really not the OP's problem - it's the home's former owner. THEY are responsible for taking care of their guests.
So, basically it's acceptable to screw the people who have a reservation for a vacation in the home by changing the locks and setting an alarm? All the buyer needs to do is contact Airbnb and tell them the house is no longer available for vacation rentals (if the contract allows that, it could be that the buyer must honor the existing contract as spelled out in their sales contract). To do otherwise is unfair and cruel to the innocent people who have booked the home. It's a very easy thing to do and there would be no reason NOT to do it, other than pure laziness or just to be jerks.
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Old 05-30-2018, 06:31 PM
 
10,282 posts, read 6,538,131 times
Reputation: 10861
Quote:
Originally Posted by sware2cod View Post
That doesn't seem correct. A new buyer can't terminate a lease just because they plan to live there. If a tenant is on a lease with a specific lease end date that hasn't yet passed, then the lease prevails.
AirBnb is not a lease. It's a short stay place in fact if they are there for a week and decide to stay you do not have to evict them, the cops will throw them out.
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