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Updated almost 7 years ago, 02/06/2018

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Brian Garrett
  • Real Estate Investor
  • Palm Beach County, FL
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Is this legal in South Florida?

Brian Garrett
  • Real Estate Investor
  • Palm Beach County, FL
Posted

An investor here on BP messaged me about his business model and it piqued my interest about the legalities.

He's renting places and then turning them into Airbnb to cover the monthly rent and then pocketing the profits leftover.

So essentially he's getting cash flow without owning the properties/units.  Is this legal to do in South Florida?

I don't like the strategy personally as you lose out on the equity, appreciation and tax benefits of REI but I'm just curious.

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5,116
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5,168
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Kyle J.
  • Rental Property Investor
  • Northern, CA
5,168
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5,116
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Kyle J.
  • Rental Property Investor
  • Northern, CA
Replied

It's essentially just subletting, which the law doesn't typically prohibit but a lease might (and often does).  So the first place you'd need to check to determine if it's allowed or not is the lease agreement with the property owner. 

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13,507
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,507
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23,418
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

Becoming popular all over. Nothing illegal, and ad long as his lease doesn’t prohibit it, all good. I think Airbnb May require some owner documentation/agreement now though.

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3,034
Posts
2,019
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Brian Garrett
  • Real Estate Investor
  • Palm Beach County, FL
2,019
Votes |
3,034
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Brian Garrett
  • Real Estate Investor
  • Palm Beach County, FL
Replied
Originally posted by @Kyle J.:

It's essentially just subletting, which the law doesn't typically prohibit but a lease might (and often does).  So the place you'd need to check to determine if it's allowed or not is the lease agreement with the property owner. 

Yeah the lease is more of what I was referring to. I didn't think it was typically allowed.

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3,034
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2,019
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Brian Garrett
  • Real Estate Investor
  • Palm Beach County, FL
2,019
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3,034
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Brian Garrett
  • Real Estate Investor
  • Palm Beach County, FL
Replied
Originally posted by @Wayne Brooks:

Becoming popular all over. Nothing illegal, and ad long as his lease doesn’t prohibit it, all good. I think Airbnb May require some owner documentation/agreement now though.

That's what I figured. Thanks Wayne.

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84
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41
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Jeff Lezark
  • Lender
  • Boca Raton, FL
41
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84
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Jeff Lezark
  • Lender
  • Boca Raton, FL
Replied

Have had several investors look at this but passed. Reason why is zoning. The property will essentially become a 'hotel' and if it isn't located in the proper zone for this the owner will be fined and forced to cease the operation. Most recently happened in a residential neighborhood in Delray Beach when neighbors complained to the city about the number of overnight 'guests' of the owner.

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Brian Garrett
  • Real Estate Investor
  • Palm Beach County, FL
2,019
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3,034
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Brian Garrett
  • Real Estate Investor
  • Palm Beach County, FL
Replied
Originally posted by @Jeff Lezark:

Have had several investors look at this but passed. Reason why is zoning. The property will essentially become a 'hotel' and if it isn't located in the proper zone for this the owner will be fined and forced to cease the operation. Most recently happened in a residential neighborhood in Delray Beach when neighbors complained to the city about the number of overnight 'guests' of the owner.

Good to know thanks Jeff!

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John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
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John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
Replied

I too have had other BP members approach me about renting my properties and then subletting them for Airbnb which I am personally not interested in.