Sublease Agreement For Airbnb In San Diego
Description
Form popularity
FAQ
Legal Requirements for an Airbnb Sublet Obtain permission from your landlord or building management. Check local laws and regulations. Understand and comply with zoning laws. Understand and comply with tax laws. Understand and comply with insurance law. Understand and comply with Fair Housing and anti-discrimination laws.
San Francisco, Oakland and Berkeley passed laws to protect renters in roommate/subletting situations. If you live in one of these cities, your landlord can neither deny you the right to nor evict you for replacing a roommate or subletting a room without their consent.
But does Airbnb allow rental agreements? Yes! As a host, you have the power to require guests to sign an agreement before their stay.
Landlords may limit the number of people living in their property as long as they are not violating any discrimination laws. A landlord has the right to prevent tenants from subleasing their property unless a lease allows it.
The reason Landlords will not allow their tenants to sublet is because, by subletting you are altering the terms of the insurance policy the insurer accepted when they offered the landlord an insurance premium for coverage.
California law requires tenants to seek explicit, written permission from their landlords to sublet if it is not already allowed in the lease. Landlords have the right to approve or deny these requests unless prohibited by a local ordinance.
A Host may include the owner or a lessee if the lease allows for subleasing for less than one month. A Host may only hold one license at a time, and a Host may not operate more than one dwelling unit for STRO at a time within the City of San Diego.
If you rent your property or a portion of your property to a guest(s) on a short-term basis, you are subject to the San Diego Municipal Code requirements and must obtain a Transient Occupancy Registration Certificate.
How to Write One Identify all parties to the contract. Define the lease term. Identify the terms and rent amount. Address any other financial responsibilities. Discuss the terms of the security deposit. List any other restrictions. Date and sign the agreement. Attach a copy of the original lease.
To find out if subletting is authorized, you should read your contract carefully. The lease may say something like “Tenant will not sublet all or any part of the premises without Landlord's prior written consent.” Some local zoning laws may also restrict or prohibit short-term rental hosting.
