[primigenus]

Two of my coworkers are in SF right now for WWDC, having flown there from Europe, and their AirBnB host was just handed an eviction notice for subletting - they have to leave immediately. So this article feels extremely ... timely.

And I'll be in SF in 2 weeks for Google IO, also staying with an AirBnB host. Not the kind of article I want to read before flying out there :-)

[rexreed]

Having had this happen once, my only advice is to find hosts on AirBnB that own their properties. I know, not the majority for SF city, but there are quite a few home owners who are in control of their property and thus not under a tenant agreement. They might later have to pay the piper with regards to the city, but that's a much harder bone to pick.

If you want references for property owners in San Fran or near by who have their properties listed on AirBnB, drop me a line.

[_delirium]

I wonder if people who own their own properties could gain a modest advantage by mentioning that in the AirBnB listing. Possibly not enough AirBnB users know about or are worried about the distinction, but I'd personally be more willing to rent from someone if the description assured me that it wasn't an unauthorized-sublet type situation.

[rexreed]

That's a great idea. Perhaps in addition to specifying what type of space is available for rent (right now the options are whole house / apartment / room, etc.), hosts should also specify what the property type is:

* Rented apartment subject to tenant agreement * Owned condominium in multi-condo building * Shared townhome * Time-shared Vacation property * Rented detached home * Owned single family property

Something like that. Not sure what the categories would be, but it would be similar to what you see when you are looking to rent or buy real estate.

Then people can decide whether or not it meets their risk profile.

[mattw]

The owners might also have to pay the piper with regards to their mortgage holder unless they own the property outright - I'm pretty sure my mortgage prohibits commercial activity like this without prior approval, similar to what a lease agreement would say. (Of course, a bank is far less likely to find out than a landlord.)

[rexreed]

Generally, the mortgage doesn't prevent this -- the insurance does. It is extremely unlikely that your mortgage would be in default because of this. However, your insurance company can refuse to pay out certain damages if they feel you have an uninsured business at home. This usually requires an insurance policy with business and/or rental coverage. I don't see anywhere in my mortgage that says I would be in default if I sublet rooms, and mine is a fairly vanilla mortgage from a large lender.

In fact, many home owners regularly rent out rooms without risk of mortgage "cancellation" or default [1]. They do however need to have suitable insurance to cover losses associated with renters and the business of renting. It's possible the insurance companies might catch onto this with AirBnB the way that landlords have and put the squeeze on homeowners and require they buy greater coverage, but there's really little chance that a mortgage holder would find the homeowner in default just because they have renters.

However, the only caveat is that FHA loans, conventional loans backed by Fannie Mae and Freddie Mac and Veteran's Administration loans as well as some State-backed loans do have a requirement that a homeowner not rent out their mortgaged property within the first year of the loan, especially if you have financed as a primary residence and/or a first-time home buyer. While the mortgage holder has the right to call the loan if this happens, in reality, they wouldn't as rental income would serve to make it more likely for you to pay your balance. [2]

And all this really applies if you are renting out your entire house and plan to live elsewhere, thereby making it a secondary residence. If the house remains your primary residence and you are subletting a room, or even the whole house while you are on vacation, then these restrictions are not in place. If you are curious, read the terms of the mortgage loan agreement. There should be something about conditions of occupancy in there.

For example, here is the Occupancy Clause in the Freddie Mac Fannie Mae Uniform Instrument:

"6. Occupancy. Borrower shall occupy, establish, and use the property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control" [6]

In addition, some home owners associations (HOA), co-op boards, and condo associations limit rentals. If you run afoul of those rules and you could face fines. So, perhaps HOAs and Condo associations might start to take notice and put the squeeze on property owners. You can also lose first-time home buyer tax credits if you rent out your entire mortgaged property and live somewhere else, but once again, that is not the typical scenario for AirBnB hosts.

A bigger issue is that many cities restrict rentals based on zoning restrictions. Plus you have other obligations when it comes to tenants and being a landlord -- I'm not sure if the duration of the rent matters, so AirBnB hosts might have to check their local zoning and Tenant's Rights statutes. [3] [4]

But all of the above is not equivalent with a tenant violating their rental lease. In this case, the tenant can face an immediate eviction for violating their lease terms. This is much more frightening than risking uncovered liability in the case of an insurance claim, fines from HOA and Condo associations, and the extremely unlikely risk of mortgage call, if you happen to have a loan that prevents such a thing.

[1] http://www.ehow.com/about_5398870_can-rent-out-home.html

[2] http://budgeting.thenest.com/happen-rent-out-mortgaged-prope...

[3] http://www.trulia.com/voices/Property_QandA/can_I_rent_rooms...

[4] http://www.trulia.com/voices/Rental_Basics/Can_I_Rent_Rooms_...

[5] http://grassrootsmotorsports.com/forum/off-topic-discussion/...

[6] http://socialize.morningstar.com/NewSocialize/forums/t/22063...

[7] http://budgeting.thenest.com/occupancy-clause-mortgage-20795...

[ebiester]

I had that happen to me, subletting an apartment for two months outside of AirBnB. (We were taking over an apartment of friends of friends while they were in France.) So, a few days after the house was broken into and our laptops were stolen, the landlord (from Germany) found out we were there and we had an hour to get out. Since then, I've been very wary about subletting unless everything is above board.

[runako]

Do you know how AirBnB is handling this for your coworkers? This kind of real-time fiasco is exactly the reason I've been hesitant to rent on AirBnB, so I'd be curious to see how they resolve the situation for the renters.

[primigenus]

They headed out to see the keynote at 9am and I think they'll deal with the problem afterwards. Priorities, and all that ;-) If I find out what happened and it's relevant I'll report back.

[runako]

Smart guys. :-) Would love an update if you remember.

Thanks!

[primigenus]

They got in touch with AirBnB; AirBnB sent out a message to nearby hosts asking for emergency assistance, and a friendly host in the area was able to pick them up and give them a place to stay for the rest of the week. It looks like they may have to pay some fees and extra for the difference in value of the location, but overall it's better than sleeping on a bench in a park!

[jamaicahest]

Indeed. Makes me happy that I was unable to book with Airbnb and had to go with a motel for my trip to SF.