Denver couple face felony charge over Airbnb

[James Carlson]

Wow, this is interesting ... Denver has filed felony criminal charges against a Denver couple for operating multiple Airbnb short-term rentals in violation of the primary residence.

According to the people I talk to in the city, this has been a long time coming. The key point here is that anyone who applies for a short-term rental license with the city of Denver has to sign an affidavit affirming that the rental is your primary residence. The Denver district attorney's office says these folks -- real estate agents, no less -- lied on those forms. The formal charge is attempting to influence a public official. 

And we get this exact question all the time in our classes about Airbnb laws: Can my spouse and I have two different "primary residences." Yes, of course, if you happen to have a unique relationship and actually live in separate homes. The thrust of Denver's short-term rental law is clear: You can only rent out a place for short-term if it is where you live. We hear a lot of "creative" solutions to this for the savvy investor, but the city knows all those "creative solutions" and has been taking steps to crack down. 

We always advocate that you work within the law because:

1. It's the law
2. A legal investment is a better long-term investment
3. No one wants to look bad in the news; 
4. Running a successful, legal Airbnb is possible (within your primary residence or in Colorado Springs as a pure investment)