Hi,
I have potential tenants (husband and wife) interested in renting out my 3 bedrooms home who will use one bedroom as their primary residence and rent out other rooms through Airbnb in Los Angeles. They sent me their own drafted lease agreement saying it needed to add sections to indicate my consent allowing Airbnb rentals adding protection that I won't be able to terminate the lease using Airbnb and sublet short-term rentals as a breach of contract, I guess it's a reasonable concern for them. (I'm having my lawyer reviewing the document)
Their background check is all clear with above-average credit score, the one thing that bothers me is their source of income are self-employed marketing business and Superhost status on Airbnb meaning I don't really understand their earnings.
What are you're experience renting out to tenants who use your property to host Airbnb? What are some liability issues I should be cautious about?
Thank you,
Michael
@Michael Choi You recently finished dealing with tenant issues when you acquired your multi-unit; Are you already prepared for more potential headaches, drama, and stress? I would recommend, at least for now, that you just rent to normal tenants rather than tenants making money off of your property. Let them buy their own properties if they want to rent out space for money.
Our lease prohibits subleasing (including short term stays like AiBnB) without the explicit written consent of the landlord.
In addition to assuring the tenants have sufficient insurance, there may be local licensing requirements (on you, not them) for hosting short-term stays ... here, stays of less than a week technically make you a hotelier, not a landlord.
If you allow tenants to sublease, you give up control over screening and vetting who stays in your property - yes, your tenants are still accountable, but you could be taking on more wear and higher maintenance with no benefit.
@Michael Choi You recently finished dealing with tenant issues when you acquired your multi-unit; Are you already prepared for more potential headaches, drama, and stress? I would recommend, at least for now, that you just rent to normal tenants rather than tenants making money off of your property. Let them buy their own properties if they want to rent out space for money.
Thanks everyone for the reply.
@Roy N. Yes, my lease agreement prohibits from subleasing hence why they want me to use their agreement which includes my written consent. All tenants applicants are required to apply and show proof of rental insurance before signing the lease. And yes sublease feels risky that I won't have any control but they argue their higher price point and how they set up the place acts as a screening for more affluent guests.
@Account Closed Yes I have and I don't want any additional headaches haha. They are moving out of a three bedroom condo they lived for the last three years due to landlord selling the property. I spoke with their landlord and it seems legit and never had an issue with them. Sometimes I wonder if applicants give out fake reference number...
The new applicants say they will clean and maintain the property every day for their guest and to maintain their Superhost status and it will have less wear and tear since all the rooms won't be occupied all the time throughout the year.
I have a newly remodeled three bedroom/three bathroom unit in the middle of very trendy Los Angeles neighborhood (no rent control) it's a perfect location for hosting on Airbnb, I thought of hosting myself but didn't want to add any additional working hours to my current full-time job so I made a request to Airbnb co-hosting program and that's how I came in contact with the current applicants.
Overall, I don't feel comfortable but my wife thinks it's a great idea and that they will keep up with the maintaining the house clean upon looking into their profile on Airbnb.
Our lease prohibits subleasing (including short term stays like AiBnB) without the explicit written consent of the landlord.
In addition to assuring the tenants hav sufficient insurance, there may be local licensing requirements (on you, not them) for hosting short-term stays ... here, stays of less than a week technically make you a hotelier, not a landlord.
If you allow tenants to sublease, you give up control over screening and vetting who stays in your property - yes, your tenants are still accountable, but you could be taking on more wear and higher maintenance with no benefit.
Excellent, Roy. The first thing I thought was potential tax consequences for operating as a hotelier. Logic tells us the hotel industry is a pretty powerful lobby that will want to do everything they can to limit competition. A great way to do that is to lobby tax jurisdictions to tax AirBnB operators as hoteliers.
I own a 4600 sq. ft. house on 20 acres in Redding, CA. I leased it out to Youth With A Mission (YWAM) where they were to house a max of 12 ministry students. The lease had a clause prohibiting sub leasing without prior written consent, such as @Roy N. mentioned, and I specifically told them they weren't allowed to do that. Of course, they ignored that, and advertised my house on Airbnb along with several other sites. To my astonishment, they had 34 beds in the house!
I received a letter of a code violation from the County Building Department, investigating me for operating an illegal Bed and Breakfast. They had looked at the Airbnb and other sites (making sure they're getting their taxes) and because some of the reviews mentioned food, it kicks it into the "Bed and Breakfast" use. Also, YWAM hadn't paid any bed taxes.
Because my property is on septic and not sewer, such a heavy use (34 beds) triggered the County Environmental Health to get involved. I am now dealing with having to increase the size of septic and leech field on the property, which will end up costing me around $15,000.
Yes, I did evict the tenants from the house, and I am in the process of going through the process of getting the code violations on the house released. I cannot sell the house until it's all dealt with.
I'd strongly suggest that everyone make sure if you lease a property and do not want to end up with an issue like this, specifically forbid it in the lease, with a clause stating the tenant is responsible for any financial costs related to it if they break the provision.
I currently lease apartments in Jersey City from landlords, who allow me to sublet them as short-term furnished rentals. We run 14 units and attach an addendum to every lease in which the landlord gives us permission to do this.
As far as things to look out for:
If you follow the above and your tenants are professional operators, you shouldn't run into many issues. We have a great relationship with all our landlords. Also, since your tenants are living in the other room they will be keeping a close eye on guests/subtenants.
I would actually disagree with the view that STRs have more wear and tear on your unit than a long term tenant. To maintain a superhost status, you have to have 80% 5 star reviews. That means the property has to be in complete working order and spotless every time a guest arrives. Whereas a normal long term tenant might never clean the carpet and scrub the toilet only once a month, or let the sink leak, you can't get away with that as an Airbnb host and still get good reviews. My airbnbs are in much better shape and much cleaner than my primary residence!
But of course, listen to every one elses advice about following up with local codes and make sure the tenants are paying appropriate taxes. If they are up front with you about what they are trying to do, they are most likely up front about paying their taxes and being appropriately licensed too. Lastly, talk to your insurance agent about adding some extra liability coverage just in case. You could always pass this cost on to your tenant.
The only thing you really have to be worried about is something happening in the property such as someone getting hurt or the place getting trashed but if you have a good lawyer he will draw up a good contract that will put full responsibility on the tenant.
Renting out to tenants that Airbnb I would just verify that they have experience doing it. Also if they do have experience doing it then tell them to send you their business profile page from Airbnb and take a look at their properties and the reviews on them. This is pretty much their short term rental portfolio. If they are superhosts and are averaging 5 star reviews then I wouldn't find an issue at all with renting out your unit to them.
Also on your end you could furnish the place yourself and just have someone manage it if you don't have the time and triple your money off of the property.
If I were you , it passes code and you are prepared for any additional headaches, I would do it for either a 50% cut of the income or a significant increase in the rent, double comes to mind.
Think of yourself as the money partner in a real estate purchase. It is normally a 50/50 split between the equity partner and the and the partner doing the work. This situation is no different.
Question is can you trust your new potential business partner.
If you don't want to take on this deal, you can follow @Thomas S.'s advice - doubling rent and/or taking 50% of income would almost certainly take every bit of their profitability in a Los Angeles market. I'm in talks with an owner for a similar deal in LA, in a very hot part of town, and if I bring in double the rent I'll be THRILLED. (don't forget the tenants are also taking on all the utilities, etc. as additional expenses - they won't make a dime until all those things are covered, plus they're furnishing it)
Asking for a (lesser) cut or a somewhat higher rent is certainly an option, and I believe a lot of landlords in your situation do exactly that. But double is outrageous and the potential tenants would not be wise to accept such an offer.
@Shelby Pracht has an accurate take - these tenants are HIGHLY motivated to keep your property in its best possible shape, as doing so is necessary to their continuing to do business! It will get cleaned regularly, minor repairs will be made promptly (and they should be handling most of that on their own, not bugging you about it), and in all likelihood the people who actually stay there will be out and about for the most part vs. living in the space. @Myka Artis is absolutely correct that you should look at their current listings and read the reviews - that will give you a very good sense of how they will care for your property. And as @Michael McKay and others have said, BE SURE that the tenants have commercial insurance designed for VRs - your landlord policy doesn't! Proper and CBIZ are two companies that specialize in such insurance.
I'll be curious what you decide to do!
@Shelby Pracht has an accurate take - these tenants are HIGHLY motivated to keep your property in its best possible shape, as doing so is necessary to their continuing to do business! It will get cleaned regularly, minor repairs will be made promptly (and they should be handling most of that on their own, not bugging you about it), and in all likelihood the people who actually stay there will be out and about for the most part vs. living in the space
Tenants should not be making any repairs or modifications to your property without your explicit consent.
@Roy N. If a light bulb goes out or the carpet needs to be cleaned, I would take care of that as a tenant. As a landlord, I would hope my tenants would take care of those sorts of things too. I don't think anyone is talking about replacing a water heater or running new electrical or anything like that.
@Roy N. - What @Shelby Pracht said. Hence my use of "minor".
@Roy N. If a light bulb goes out or the carpet needs to be cleaned, I would take care of that as a tenant. As a landlord, I would hope my tenants would take care of those sorts of things too. I don't think anyone is talking about replacing a water heater or running new electrical or anything like that.
Naturally a tenant is responsable for "consumables" and for cleaning the leased premises. However, these things are not repairs.
Your insurance policy likely does not cover short term rentals.
Question: why give part/most of your profit to a "partner" that is putting up virtually nothing? If you want to Air bnb, just hire a management company, do it yourself and keep 100% of the profits.
Personally, I don't see what you have to gain by letting people with no financial skin in your property market it to other people and keep most/all of the profits.
Wow, thank you everyone for all the replies sharing your thoughtful concern and suggestions.
@Stan Hill In the lease contract they've included in the lease agreement to apply for a proper permit, short-term occupancy tax and obtain a commercial short-term rental insurance along with Airbnb Liability insurance.
@Lee Ripma Yeah, as individuals they have credit ratings above 800 and passed the screening test. I've decided to go ahead and give it a go, if all good we can potentially partner up with other units.
@Karen Margrave So sorry for your bad experience, wow 34 beds is just crazy especially when you've rented out to a YWAM, aren't they non-profit organization? What a bunch scammers, I hope you filed a lawsuit against them. I've realized this could happen to anyone even with regular tenants. At least my applicants are upfront and proposed their plan backing up with their current Superhost status with 5-star reviews. They've added a couple of more clause to the agreement upon my request, I'm having a lawyer to go over them just to double check. Hopefully, I won't have to experience a bad situation but you never know. Crossing my fingers.
6. SUBLETTING OR ASSIGNING: TENANT agrees not to assign, or sublet the premises or any part thereof for a period exceeding 30 days (long-term sublease) without first obtaining written permission from OWNER.
9. LIABILITY, PERMITS, BUSINESS LEGALITY: TENANT shall obtain proper permit to legally conduct short-term transient occupancy. TENANT will remit proper transient occupancy tax when applicable and retain full liability for compliance with city, state, and local ordinances. TENANT is personally liable for obtaining and maintaining any applicable insurance to fully indemnify OWNER from claims arising from injury, damages, or loss of personal property.
@Michael McKay Thank you for suggestions, as far as I understand LA regulation will be requiring Airbnb host to use the residence as their primary while renting out other rooms as short-term basis hence they will be occupying the unit. The tenants agreed to provide commercial ST rental insurance as well as paying for GAS and Electric. I cover mainly water and sewage since it's shared with other units.
@Shelby Pracht Yes, that's what they proposed saying they will keep it a top notch to maintain their Superhost status. I think your suggestion to ask my insurance agent is a great idea, that way my agent can keep up with their commercial insurance status, Thanks!
@Myka Artis Me and my wife deeply thought about hosting Airbnb ourselves but decided to try out the new Airbnb co-hosting program. We offered to furnish but they insisted bringing their own since they know exactly what their clients like based on their experience, I have no issues with that.
@Thomas S. They offered incentives if they I give them a break on rent which I declined and suggested to pay full rent and no need for incentives. Since we are starting out I want them to succeed and be motivated while I don't have to lose a portion of my rent due to not working out for whatever reason.
@Julie McCoy Thanks Julie for recommending those companies, hopefully, my agent deals with them.
@Roy N. Yup, added in the clause
12. ALTERATIONS: TENANT may, at times need to make an alteration to the premises, including but not limited to aerials, lighting fixtures, washing machines, dryers or other items. They will first obtain written permission from OWNER. TENANT may change or install new smart locks for ease of guest entry, install smart home devices, smart thermostats, but will not paint, or wallpaper said premises without OWNER'S prior written consent, TENANT will not place placards, signs, or other exhibits in a window or any other place where they can be viewed by other residents or by the general public.
@Manolo D. Yeah, I totally agree with your suggestion, I was first wary of them providing their own rental agreement but upon reading through it wasn't all that one-sided which made a good impression on them plus they agreed to add few additional clause to further protect myself from liabilities although I understand nothing is bulletproof.
I still don't understand the value to you. Reading through all the posts, as far as I can see all that you are getting is regular full rent for a fully remodeled trendy location. Why can't you get that with a regular tenant? I didn't see anywhere that you were getting a premium; in fact, one of your posts I believe said the tenants were getting a discount for hosting this?