Airbnb and Short-Term Rentals: Practical Considerations for Landlords, Tenants, HOAs, and Other Stakeholders

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Tuesday, April 16, 2019

Recorded event now available

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Program Materials

This CLE webinar will discuss the effects of short-term rentals on real estate and explore the unique issues confronting hosts, guests and other stakeholders. Our panel will provide insights into the overlapping legal and regulatory regimes applicable to such arrangements—including the restrictions under rental and co-op leases and condominium bylaws—and enforcement difficulties faced by landlords, co-op or condominium owners and boards, and homeowner and neighborhood associations.


Vacation and other short-term rentals have become increasingly popular, as businesses such as Airbnb and HomeAway connect hosts and guests online and provide an accessible platform to enter into short-term rental agreements. Buoyed by a growth rate of over 100% year on year, Airbnb now has over 4 million listings—with the U.S. being its largest market—impacting not only the hospitality industry but also the broader real estate market.

This growth has led to states and cities developing an increasing number of regulations aimed explicitly at reining in the use of short-term rentals. Similarly, homeowners associations, condo boards, co-op agreements, and other neighborhood organizations often restrict how properties can be used, including the prohibition of short-term renting.

Unlike typical lease agreements—which are more robust—agreements reached on sites like Airbnb occur after minimal due diligence, creating serious risks for landlords. Liability for short-term rentals usually falls to the owner of the property, even when the landlord has no idea that short-term rentals are occurring. Similarly, neighbors may also have legitimate grievances and claims against an owner when property is used as a short-term rental. There can also be severe consequences for tenants. A tenant who sublets to Airbnb clients without the landlord's permission may be in violation of the lease with the landlord or the government's rent regulations which could result in the tenant's eviction.

Listen as our panel of experts in real property transactions discusses practical guidance on how to best address the issues and balance the interests of each party involved.



  1. Overview, history and trends
  2. Considerations of landlords and tenants when entering into short-term rentals
  3. Regulatory restrictions on short-term rentals
  4. HOAs and other stakeholders
  5. Case law developments


The panel will review these and other critical issues:

  • What are the practical benefits of short-term rentals?
  • What effects do short-term rentals have on real estate?
  • What regulatory regimes apply to these rentals?
  • What are the risks associated with such arrangements?
  • What are solutions to conflicts with HOAs, condo boards, co-op agreements, and other neighborhood organizations?
  • What are the enforcement difficulties and how can they be resolved?


Einhorn, Mark
Mark S. Einhorn

Marcus Errico Emmer Brooks

Mr. Einhorn routinely advises condominium associations and association managers on the full spectrum of matters...  |  Read More

Garrett, Laura Lee
Laura Lee Garrett


Developers, end users and lenders involved in the development, leasing and management of commercial projects, including...  |  Read More

Geballe, Jonathan
Jonathan L. Geballe

Jonathan L. Geballe, Esq.

Mr. Geballe has over 25 years of experience in real estate transactions and real estate litigation. He advises...  |  Read More

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