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

Property Damages, Insurance Coverage, Limitations on Commercial Use, Municipal Regulation and Enforcement

A live 90-minute premium CLE webinar with interactive Q&A


Tuesday, September 29, 2020 (Tomorrow)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926
Program Materials

This CLE webinar will discuss the effects of short-term rentals on real estate and explore the unique issues confronting owners, renters, 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.

Description

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 municipal 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 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 the 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 violate 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.

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Outline

  1. Overview, history, and trends
  2. Considerations for 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

Benefits

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?
  • How has COVID-19 impacted the short term rental industry?

Faculty

Hazelbaker, Mark
Mark Hazelbaker

Senior Counsel
Kasieta Legal Group

Mr. Hazelbaker advises small businesses and communities in employment law, land use, litigation and legislation. His...  |  Read More

Malloy, Christopher
Christopher S. Malloy

Principal
Moriarty Troyer & Malloy

Mr. Malloy is a founding member of Moriarty Troyer & Malloy LLC and brings nearly fifteen years of litigation and...  |  Read More

Peterson, Ashley
Ashley M. Peterson

Founder
Law Office of Ashley M. Peterson

Ms. Peterson specializes in real estate transactions including commercial and residential property purchases and sales,...  |  Read More

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