Post by High Priestess on Feb 17, 2016 18:18:16 GMT
This is the only place I've ever seen this mentioned, but in this article the author suggests one can prevent squatting by use of a specific type of rental contract:
www.bizjournals.com/bizjournals/how-to/growth-strategies/2014/08/lessons-from-airbnb-howto-protect-your-home-from.html?page=all
The author of this article is described thus: Charley Moore is the founder of Rocket Lawyer, the simple and affordable online legal service that is used by millions of businesses, entrepreneurs, lawyers and individuals for any legal situation, world-wide.
Excerpt:
If you’re a landlord, homeowner or primary tenant, odds are that you’ve considered renting out your house or apartment through sharing economy service providers like Airbnb.
Such startups play a critical role in disrupting our status quo real estate and hospitality marketplaces and create thousands of positive experiences for users on both sides of the rental exchange every day.
But Cory Tschogl’s recent rental fiasco in Palm Springs (see here: www.sfgate.com/default/article/Squatters-don-t-sit-well-with-Airbnb-hosts-5631952.php ) serves as a cautionary tale for anyone who opts into a business model that has yet to be regulated by existing law. If you don’t do your homework before handing the keys over to a relative stranger, the sharing economy’s regulatory grey area may burden you with unimaginable and unnecessary legal hardships.
See Also
How to avoid summer hotel, vacation and sports ticket scams (with infographic)
Managing: Hiring someone who will need two airplane seats when she travels
5 reasons to protect your intellectual property — no matter the size of your company
Luckily, there are preventative steps you can take to protect yourself and your property while we wait for the law to play catch-up.
1. Know the law and your lease
Every state and landlord have different rules about rentals, subleasing and residency qualifications. Before pursuing some side profits through sites like Airbnb, make sure your local law and lease allows subleasing and doesn’t have any loopholes that could endanger your living and legal situations.
In Tschogl’s case, any individual living in a residence for more than 30 days is granted subleasing rights under California state law, burdening her with a guest that refuses to leave — and in our current regulatory ecosystem, doesn’t have to.
After Tschogl hired a lawyer and fostered a social media firestorm about her squatter situation, Airbnb said it would pay Tschogl the full cost of the reservation and provide additional legal support. Whoever pays, those legal fees may be costly. Eviction procedures in California are lengthy — three to six months — complicated, and entirely preventable through a quick search of your state law and a friendly chat with your landlord.
2. Know your tenant
Airbnb may be a global company with a multi-billion dollar valuation and robust insurance policies, but that doesn’t mean you should solely rely on its current systems. Until the home sharing service develops more nuanced security measures and background check options, it is ultimately your responsibility to know who will be in your home sweet home.
Your odds are better with users who have well-documented histories on Airbnb, including positive reviews from past hosts — especially those who are willing to verify their identities by other means such as private background checks or offline character references.
3. Get it in writing
In today’s litigious society, always follow the golden rule: get it in writing.
A contract that defines the length and terms of a professional relationship protects you in the event that one or both parties violates the agreement. In Tschogl’s case, a contract excepting her Airbnb renter from California’s 30-day sublease qualification clause could have prevented her current legal woes. And, of course, always consult an attorney to ensure your contracts are valid and enforceable by law.
4. Advocate for change
In the short-term, it’s up to you to protect your interests. In the longer term, you can help push for laws to apply to a more mobile marketplace. Public safety and compliance will inevitably evolve through existing and new regulations.
Companies like Airbnb will ultimately be motivated to provide a higher level of service through civil litigation and the regulatory process, and update their business practices to become more equipped at handling situations like Tschogl’s in the curious case of the Palm Springs squatter.
www.bizjournals.com/bizjournals/how-to/growth-strategies/2014/08/lessons-from-airbnb-howto-protect-your-home-from.html?page=all
The author of this article is described thus: Charley Moore is the founder of Rocket Lawyer, the simple and affordable online legal service that is used by millions of businesses, entrepreneurs, lawyers and individuals for any legal situation, world-wide.
Excerpt:
If you’re a landlord, homeowner or primary tenant, odds are that you’ve considered renting out your house or apartment through sharing economy service providers like Airbnb.
Such startups play a critical role in disrupting our status quo real estate and hospitality marketplaces and create thousands of positive experiences for users on both sides of the rental exchange every day.
But Cory Tschogl’s recent rental fiasco in Palm Springs (see here: www.sfgate.com/default/article/Squatters-don-t-sit-well-with-Airbnb-hosts-5631952.php ) serves as a cautionary tale for anyone who opts into a business model that has yet to be regulated by existing law. If you don’t do your homework before handing the keys over to a relative stranger, the sharing economy’s regulatory grey area may burden you with unimaginable and unnecessary legal hardships.
See Also
How to avoid summer hotel, vacation and sports ticket scams (with infographic)
Managing: Hiring someone who will need two airplane seats when she travels
5 reasons to protect your intellectual property — no matter the size of your company
Luckily, there are preventative steps you can take to protect yourself and your property while we wait for the law to play catch-up.
1. Know the law and your lease
Every state and landlord have different rules about rentals, subleasing and residency qualifications. Before pursuing some side profits through sites like Airbnb, make sure your local law and lease allows subleasing and doesn’t have any loopholes that could endanger your living and legal situations.
In Tschogl’s case, any individual living in a residence for more than 30 days is granted subleasing rights under California state law, burdening her with a guest that refuses to leave — and in our current regulatory ecosystem, doesn’t have to.
After Tschogl hired a lawyer and fostered a social media firestorm about her squatter situation, Airbnb said it would pay Tschogl the full cost of the reservation and provide additional legal support. Whoever pays, those legal fees may be costly. Eviction procedures in California are lengthy — three to six months — complicated, and entirely preventable through a quick search of your state law and a friendly chat with your landlord.
2. Know your tenant
Airbnb may be a global company with a multi-billion dollar valuation and robust insurance policies, but that doesn’t mean you should solely rely on its current systems. Until the home sharing service develops more nuanced security measures and background check options, it is ultimately your responsibility to know who will be in your home sweet home.
Your odds are better with users who have well-documented histories on Airbnb, including positive reviews from past hosts — especially those who are willing to verify their identities by other means such as private background checks or offline character references.
3. Get it in writing
In today’s litigious society, always follow the golden rule: get it in writing.
A contract that defines the length and terms of a professional relationship protects you in the event that one or both parties violates the agreement. In Tschogl’s case, a contract excepting her Airbnb renter from California’s 30-day sublease qualification clause could have prevented her current legal woes. And, of course, always consult an attorney to ensure your contracts are valid and enforceable by law.
4. Advocate for change
In the short-term, it’s up to you to protect your interests. In the longer term, you can help push for laws to apply to a more mobile marketplace. Public safety and compliance will inevitably evolve through existing and new regulations.
Companies like Airbnb will ultimately be motivated to provide a higher level of service through civil litigation and the regulatory process, and update their business practices to become more equipped at handling situations like Tschogl’s in the curious case of the Palm Springs squatter.