AirBnb Sublets Are Now Offically Legal (New York, Vienna: rent, appliances, hotels)

[joeymags]

Good news for tenants? Not so sure about that. I have no desire to rent my place out to strangers. But now my neighbors are able to do so? I'd prefer not to hear people dragging suitcases down the hall at 11pm, and using the apartment next to me as a party pad. Not saying everyone does it, but many people do. You shouldn't be living somewhere that you can't afford without renting the place out. If that includes all of NYC for some people, so be it.

Originally Posted by NyWriterdude

Good news for tenants. I know the pro landlord group will be upset that tenants could make more money off an apartment than a landlord, and can only be kicked off if told by a landlord to stop and they keep doing it.

[scatman]

So, what this means is that the tenant can breach, but if he/or she corrects/cures the breach, then he/she can't be evicted. If that's the case.....

Pro Tenant.....
1. Can stay in apartment
2. Correction made could save from further litigation

Against Tenant.....
1. Long-term damage to tenant/relationship!
2. LL might not renew lease

Pro LL.....
1. Correction made could avoid further litigation
2. Remember him/her when lease is up

Against LL.....
1. Can't get tenant out right away if tenant corrected breach
2. Definition of what's "curable" could be ruled to be different from LL's definition

[NJ Brazen_3133]

Originally Posted by BinxBolling

That's not what the judge ruled at all.

The judge ruled that the tenant couldn't be evicted because she had stopped using Airbnb--that is, because she had cured the alleged breach of her lease. The landlord's position was that if a tenant used Airbnb, that was grounds for eviction even once she stopped.

The judge didn't address whether it was legal for the tenant to use Airbnb in the first place because it wasn't at issue in the case, as the tenant had already stopped. However, most courts that have addressed that issue have found that it's illegal.

But what if they stop and start and stop and start? How many chances do you get?

[BugsyPal]

Originally Posted by NJ Brazen_3133

But what if they stop and start and stop and start? How many chances do you get?

Reading around law journals about curable violations that does seem to be a question.

If a tenant is subletting on Airbnb and is found out and ordered to cease. Then six months or a year later starts again is that a new "case" or part of the original?

[Cida]

Yippee! I always though the restriction was disgraceful, a sop to hotel corporations. Of course, buildings should be able to restrict a bit, but it shouldn't be enshrined in law.

Thanks for the news.

Naturally, the downside is that we'll be getting a lot of disaster tales of people who were idiots with their sub letters.

[NyWriterdude]

Originally Posted by joeymags

Good news for tenants? Not so sure about that. I have no desire to rent my place out to strangers. But now my neighbors are able to do so? I'd prefer not to hear people dragging suitcases down the hall at 11pm, and using the apartment next to me as a party pad. Not saying everyone does it, but many people do. You shouldn't be living somewhere that you can't afford without renting the place out. If that includes all of NYC for some people, so be it.

All over the country people have boarders and roommates dude. That's just the way things are.

Nearly all college students and recent graduates have roommates.

So if you can't stand the idea that some of your neighbors are renting out to others, it is you who should move out to a remote area in the wilderness. After all, even in a rent stabilized apartment one can legally rent out to one unrelated adult and that is the law (on a monthly basis). This ruling just allows tenants to rent out short term to others until their landlords tell them to stop.

[jameskingmarsden]

Definitely comes with pros and cons but I haven't had any bad experiences with airBnB so far. Let's hope it stays that way.

[BugsyPal]

Update:That "Major" Airbnb Court Ruling? Not So Major After All | Co-op & Condo Boards | Habitat Magazine

[Kefir King]

Thanks for straightening out the POST, Bugsy...not easy to keep them on the straight and narrow.

Before I saw the correction I was going to mention the Rent Stabilization law which very much limits the profit a tenant can make with a sublease. Some small amount like +10, +15% (been a while since I checked.)

I am on the horns of a dilemma and would like to do some travelling but I know the cost of hotels is SOOO prohibitive. I would like the idea of switching apartments with someone in London, Paris, Berlin, Vienna for a month or two and I have a decent accommodation that would be a fair trade. But I am petrified of coming home to a trashed apartment.

I would treat any place that I go like it was my own, but if I came home to a wreckage, I'd be shattered. I don't have much but I like it.

Has anyone ever done a short term apartment switch?

[NooYowkur81]

Now my question is will owners be allowed to specifically write into lease that tenant cannot sublease through an arrangement like what they do with Airbnb?