An AirBnB host in California got a rude awakening to the reality of using the internet to turn her home into an income producing property. Cory Tschogl rented out her condo to an individual using the popular vacation rental website for a long-term stay. When Tschogl was ready for him to leave, he refused. In California, any tenant who spends more than thirty days at a rental property has the right to receive notice of eviction before they are legally required to leave. As a result, Tschogl has had to hire an attorney to evict the AirBnB guest which is an outcome she had not predicted nor planned to handle at the time she made her condo available for rent online.
What most users of AirBnB fail to realize is that renting out your spare room, condo, or other living space makes you a landlord, and the guest is your tenant. Landlords have certain responsibilities, namely they must ensure the property is safe and habitable, repair any known safety hazards, and in Texas, they must provide three (3) days notice before filing for eviction against a delinquent tenant if there is a written or oral lease. It could be argued that an AirBnB agreement is a type of lease agreement, albeit short term. While it is unlikely that an AirBnB guest will decide to squat in his or her chosen vacation rental, the implications of basic real estate law should be considered by anyone seriously contemplating opening up their property to the public via AirBnB or some other outlet.
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