All Forum Posts by: Lizmarie Amaris Rivera

I agree with @Sergey A. Petrov (and I think many of the others are also hinting at this). Now that I understand the issue better, I would take the time to chat with Airbnb support and cancel this reservation. You don't want a guest who is unhappy with your rental, especially if you're confident the rental and your terms are fine. It sounds like this guest didn't know the rules (which isn't entirely their fault), but you're bound to them so I'm not sure you have a choice but to cancel if they don't want a lease.

I know it can feel tough to give up a booking/sure thing like this, but my spider-sense says this reservation will not be worth the hassle and risk.

Here's the other part though. You probably should

A.) add a note to your listing/house rules that any booking longer than 30 days requires a lease

B.) limit the length of stay to no more than 28 days if you want to avoid having this conversation (which is a bummer, but that's more or less what the lawmakers were hoping they'd force you to do)

I am going to cancel his reservation. It has robbed me of my peace and calm already. And it is a bummer to lose the reservation, but not worth the trouble it can cause. I going to update my stay length right now! I am not interested in going any further.

1 Vote

Atlanta, Georgia

Quote from @Sergey A. Petrov:

Did they book and prepay for more than 30 through Airbnb?

According to this article, a guest becomes a tenant at/after 30 days

https://www.apartments.com/ren...

If this wasn’t previously disclosed, discussed with the tenant, or your length of stay wasn’t limited on Airbnb, I’d have that discussion with them now and tell them a lease, outside of Airbnb, is required and that you’d happily cancel their stay. Or you take the risk of something happening down the road (they overstay and, all of a sudden, you can’t just kick them out and must start legal eviction proceedings)

Yes, they prebooked and prepaid through Airbnb. Upon booking, I disclosed that they must sign a month-to-month lease because of the tenant laws in Georgia.

0 Votes

Atlanta, Georgia

Quote from @John Underwood:

Quote from @Lizmarie Amaris Rivera:

Quote from @John Underwood:

I would use a regular lease for over 30 days.

So, right now I discussing a lease agreement with a guest that will be checking in 7 days. The following are some of the clauses he stated that he is not willing to comply with because they leave him exposed to liabilities.

Jointly and Severally Liable (he states that it is not needed because the payment has already been made)

Late Charges( they are not staying longer than a month and payment has already been made)

Security Deposit (not applicable should not be stated on the list)

Possession ( this would be unacceptable as we have an exact term for our stay. Also, the term abated leaves us exposed because the payment has already been made).

Condition of Premises (this requires a physical walkthrough and the description in the Airbnb is not enough to satisfy this part of the lease).

Holding over (not staying for more than a month)

Forcible Detainer (payment already has been made)

Liability for Rent (payment has been made)

Remedies Cumulative (the above states I am not protected by Airbnb policies and guidelines. A rider is needed for this lease to protect my rights)

rules and regulation (agreed as long as a rider/provision are added to the lease to protect my rights).

Should I edit or remove these clauses from the lease agreement?

This person sounds high maintenance already.

If he is not planning on doing anything shady why does he care about not applicable sections?

I agree. It seems to me that I am in a tight spot. If I cancel his reservation I will be penalized by the Airbnb platform with a 25-50% charge of the total payout by the guest. But, I am also concerned that he might be attempting to take advantage of the tenant laws (might have ulterior motives). In your opinion, what should be my best course of action?

0 Votes

Atlanta, Georgia

Quote from @John Underwood:

I would use a regular lease for over 30 days.

Jointly and Severally Liable (he states that it is not needed because the payment has already been made)

Late Charges( they are not staying longer than a month and payment has already been made)

Security Deposit (not applicable should not be stated on the list)

Possession ( this would be unacceptable as we have an exact term for our stay. Also, the term abated leaves us exposed because the payment has already been made).

Condition of Premises (this requires a physical walkthrough and the description in the Airbnb is not enough to satisfy this part of the lease).

Holding over (not staying for more than a month)

Forcible Detainer (payment already has been made)

Liability for Rent (payment has been made)

Remedies Cumulative (the above states I am not protected by Airbnb policies and guidelines. A rider is needed for this lease to protect my rights)

rules and regulation (agreed as long as a rider/provision are added to the lease to protect my rights).

Should I edit or remove these clauses from the lease agreement?

0 Votes

Atlanta, Georgia

Quote from @Dominic A.:

Is that the full length? Or will it be a few months?

Some folks add a monthly or biweekly inspection/walkthrough. Similarly, you can offer a biweekly cleaning/maintenance to make sure everything is still in top shape...but that's pricey and time-consuming; I would usually just set aside some time after they check out, to do a reset before going back to a short-term rental.

If it's just a month, making it clear that this is still a temporary rental contract (and that you only offer the initial supply of toiletries etc.) should be ok.

Some folks find it easier to just do a fixed-term lease in this case, but if you're trying to avoid changing the rental status (not sure if Georgia has that rule), then a very clear clause that the short-term rental agreement will "reset" every 30 days is a good idea (maybe even have a process where they check-out (with "bag storage") and check back in after a cleaning).

Thank you...

0 Votes

Atlanta, Georgia

Jointly and Severally Liable (he states that it is not needed because the payment has already been made)

Late Charges( they are not staying longer than a month and payment has already been made)

Security Deposit (not applicable should not be stated on the list)

Possession ( this would be unacceptable as we have an exact term for our stay. Also, the term abated leaves us exposed because the payment has already been made).

Condition of Premises (this requires a physical walkthrough and the description in the Airbnb is not enough to satisfy this part of the lease).

Holding over (not staying for more than a month)

Forcible Detainer (payment already has been made)

Liability for Rent (payment has been made)

Remedies Cumulative (the above states I am not protected by Airbnb policies and guidelines. A rider is needed for this lease to protect my rights)

rules and regulation (agreed as long as a rider/provision are added to the lease to protect my rights).

Should I edit or remove these clauses from the lease agreement?

0 Votes

Atlanta, Georgia

What are some of the clauses that I should include in my month-to-month lease for Airbnb guests that are staying for 31 days?

0 Votes

What are some of the clauses that I should include in my month-to-month lease for Airbnb guests that are staying for 31 days?

0 Votes

Atlanta, Georgia

All Forum Posts by: Lizmarie Amaris Rivera

Lizmarie Amaris Rivera has started 2 posts and replied 8 times.

Post: Airbnb month to month lease

Post: Airbnb month to month lease

Post: Airbnb month to month lease

Post: Airbnb month to month lease

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Post: Long term stay lease agreement

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