Do I Need Sublease Agreement Before Listing My Place on Airbnb?
Becoming an Airbnb host is a relatively new way to make extra income. However, before becoming an Airbnb host, there are several legal and regulatory requirements that you must be aware of and follow. These include both state laws and local ordinances, as well as contractual limitations.
Contractual limitations can be set by the landlord, leasing company, or even a mortgage lender; the leasing agreement or mortgage agreement may restrict you from hosting paying guests during the duration of the lease or mortgage.
Before you can determine whether or not you can rent out your house or apartment on Airbnb, you must first understand the difference between a sublease agreement and a consent to sublease.
A sublease agreement is a contract signed by the property’s tenant and the individual who the tenant will be leasing the property to, known as the subtenant. Because the original tenant is not the property owner, she or he is not referred to as the ‘landlord.’
If you are leasing an apartment and you rent out your apartment to a guest on Airbnb, you would be subleasing your apartment. Airbnb takes care of the agreement between the tenant and the subtenant. Some owners still choose to have a separate sublease agreement to include additional expectations.
A consent to sublease is a contract sign by the property owner permitting the tenant to sublease to a third party. A consent to sublease usually contains requirements and expectations that the tenant should follow when subleasing the property. Several state laws and most lease agreements require that the tenant obtain consent before subleasing. Here is a way to determine whether or not you need a consent to sublease:
Are you the sole property owner and hold the deed to the property? If yes, you do not need a consent to sublease.
Are you the property owner but are still paying a mortgage? If yes, check with your mortgage lender before subleasing.
Are you renting the property? If yes, ask your landlord or leasing company to sign a consent to sublease.
If you have determined that you need a consent to sublease before listing your property on Airbnb, you can quickly fill out and print off this template and give it to your landlord, leasing company, or mortgage lender to sign.