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  1. #1
    Join Date
    Aug 2008
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    7

    Default Can a Lease Forbid Airbnb Type Rentals

    My question involves landlord-tenant law in the State of: Massachusetts (Boston)

    As a landlord, I prefer no subletting of any kind in my units. In their leases, I require that the tenants initial the section that subletting is not allowed. I also do not want my units used for AirB&B type rentals, including couchsurfing, room letting or any type of rental that involves the tenant receiving money from paying guests who have not be vetted. My units are in well-established family neighborhoods where everyone really knows one another. I am also not comfortable with the potential liability this might present. In Mass., for example, under my insurance policy a tenant cannot operate a daycare in the unit. The policy right now says nothing about the paying guest situation, but I wanted to see if I could head this off by including language in the lease.

    Is this something I can legally add without having it become a problem with a tenant who feels they have the right to make extra income from paying guests? Thanks.

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Can a Lease Forbid Airbnb Type Rentals

    Many leases forbid subletting. This is a pretty common clause in a lease.

    Gail

  3. #3
    Join Date
    Aug 2008
    Posts
    7

    Default Re: Can a Lease Forbid Airbnb Type Rentals

    Thanks Gail. We definitely forbid subletting but I was trying to figure out if these types of 'rentals' are legally considered sublets or if they fall under something else.

  4. #4
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can a Lease Forbid Airbnb Type Rentals

    Quote Quoting cricket1
    View Post
    Is this something I can legally add without having it become a problem with a tenant who feels they have the right to make extra income from paying guests? Thanks.
    The extent to which a landlord may restrict subletting or lease assmption depends on the applicable state law, and they do vary. Massachussetts, being among the most liberal states in country, might be more tenant favorable than most others perhaps, and I have not researched Massachusetts law on it. I would recommend you consult a lawyer in your state for the answer and for help in drafting a good lease term if such a provision would be enforceable, In most states, though, you could add a provision that bars arrangements like airbnb and it is increasingly common to see that in leases. I have included such a term in leases for clients of mine who are landlords. I would not rely on a basic provision barring subletting as these arrangements are different a from traditional sublease. You want to have a specific term dealing with very short term arrangements.

    What you probably cannot do is add such a term in the middle the lease. You can include in new leases and lease renewals. How tenants will react will vary by tenant, of course.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can a Lease Forbid Airbnb Type Rentals

    Quote Quoting cricket1
    View Post
    I was trying to figure out if these types of 'rentals' are legally considered sublets or if they fall under something else.
    Actually, your post asked if you could prohibit a variety of listed activities in your lease so it doesn't really matter what it is "considered" if you specify the particular behavior in your lease.

    Generally, you can put a provision in your lease as long as it isn't prohibited by law. MA landlord tenant statutes doesn't have a list of prohibited provisions all in one section so you'll have to read the entire statute to find what you can't put in your lease.

    https://malegislature.gov/Laws/Gener...leI/Chapter186

    The following site has additional resources for landlords that I strongly suggest you look at:

    https://www.landlordology.com/massac...d-tenant-laws/

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