STR on weekends with renter during the week

[Jared Boundy]

I've got a question for anyone who is an Airbnb host AND a landlord...I have a situation that is good for me, but I'm trying to figure out the best way to handle it in terms of a contract/lease. I have someone who wants to rent my furnished apartment during the week (to avoid an extremely long commute), and then I will rent it out on Airbnb on the weekends. This person will also handle the cleanings for me. As far as I understand, if I set up a monthly lease, the income would be considered passive, and the renter would have tenant rights. Whereas, if I just rent it for essentially 4 days at a time, no tenant rights (ie-I can stop and change the locks anytime without dealing with warnings and any eviction process), but then the income might be considered active and be taxed differently. Obviously, I'm not asking for reliable legal advice, but any thoughts or suggestions to share?

[JD Martin]

What happens if the AirBnB guest doesn't vacate for some reason by Monday morning? Or, conversely, the renter doesn't vacate by Friday evening? Will they just all bunk together? You might think that this will never happen but I would virtually bet money that it will happen at some point for any billion reasons that anyone can come up with - the renter's car breaks down so she can't go back for the weekend, or the AirBnB guest's flight gets cancelled, or... you get the idea. If you're going to do it, then you're going to need a super-specific lease that strongly states that the tenant only has use of the property Monday-Friday and if she has not vacated the premises by some time (midnight?) there are hefty financial penalties as well as cancelling the remaining ability to use the apartment going forward. As for the AirBnB guest, well you will to some extent be at the mercy of the entire system there unless you are somewhere that the police agree to help you remove a guest that hasn't left.