Using AirBnB again to go on vacation?

Here’s the landscape today: an increasing number of individuals are making long-term travel plans because they can be location independent. An increasing number of people are using apps to open their homes to travelers, even if they’re not physically present during their stay. The problem is that this sharing economy is informal — and that’s its charm. But not all cities in the world are embracing this new subletting trend.

Undertaking Long-Term Travel Lawfully

When subletting rentals using platforms like AirBnB, there are many benefits as well as potential pitfalls to keep in mind. First off, long-term travel means anything longer than 30 days. In these 30 days, subletters may move through various parts of the city and change accommodations weekly or they may stay put in one place, making it their “home base” from which to explore. Often, the people who are renting out homes through AirBnB are also frequently subletting from others so they can travel; the sharing economy often feels quite circular in nature and it’s wise for tenants to get express writing beforehand from landlords in order to sublet lawfully. Rentals themselves are subject to different kinds of laws and these apply to the tenant as well. For example, the terms of a secure and a flexible tenancy allows tenants to sublet their homes, as long as they seek written permission. Landlords, in the case of these kinds of tenancies, cannot reasonably withhold consent or attach conditions to subletting, but some cities have laws regarding whether or not the tenant must be present on the property in order to sublet (based on the kind of tenancy category they fall under).

Why Are Platforms Like AirBnB Under Attack?

Responsible hosting has become quite a sophisticated creature as AirBnB has grown. There are now recommendations and even stipulations as to what subletters must adhere to and what conditions a host must reasonably supply. The problem here is two-fold: how to protect the interest of both parties, especially if one of the parties (the host) is not physically present and, secondly, how to apply housing and tourist laws on a country-by-country basis to listings on AirBnB. Some countries, like Amsterdam, have introduced “AirBnB-friendly laws“, recognizing the reality of the situation and the need for evolving and responsive protections. Others, like Brazil, have firmly tried to discourage informal home hosting. Obviously, home sharing platforms have come under greatest fire from the hotel and hospitality industry. Issues are sometimes not directed right at subletters or hosts, necessarily, but simply as a by-product of local law. In places like New York, for example, hosts that allow subletters to be at their place for longer than 30 days must charge a tourist tax.

Now, herein lies the issue: what are the finer legal details of home sharing? Long-term travel sounds like a dream come true, but hopping from country to country means advance organization. It also means getting receipts from landlords or tenants for long term stays and accounting for taxes levied (or not) according to the laws of the various countries and the varying conditions of each host. Hey, no one said it would be easy — but to see the world, it’s definitely worth it.