Post by High Priestess on May 27, 2016 17:15:02 GMT
Sharon shared on Home Sharers of SF May 2014
www.airbnb.com/groups/content/content-90004
Monthly Rentals
I received a request for a four month rental. They supposably are students from Canada and I spoke with their dad. Not sure how I do this so that I don't have a long term lease . My son returns exactly on the day that they vacate so it couldn't be more perfect. Can anyone tell me where I can get information on handling this situation?Thanks so much.
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Peter
Peter2 years ago
Hi Sharon. You can accept this reservation request through Airbnb just like any other booking request, except this will be a long term lease because it is for more than 30 days. Hence, all the usual tenancy laws relating to long-term leases will apply. My suggestion is that you make sure the students are here for only one semester. It would be strange for students to rent premises for only four months if they are here for a year-long course. Make sure you get a firm commitment that they will leave after 4 months due to your son's return. They could make your life difficult if they decide to extend their stay since they will have a lot of legal protections as long term tenants. You mentioned you spoke to their dad. Make sure the students (your Guests) are legally the tenants, and not their dad.
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Sharon
Sharon 2 years ago
Peter..you are a life saver. I was going to have them make four reservations each being 28 days. That way it is legally not a long term rental. I will check student status as well.
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Tim
Tim2 years ago
I highly recommend checking backgrounds. I have had mixed results with foreign students. A number of years ago, I had a request from Irish graduate students from the top university in Dublin. Their parents called me and I even had their parish priest call me with glowing recommendations. I had a nagging doubt but I caved in and rented to the students for 3 months.
I met the four women and they seemed to be very nice and I thought everything would be perfect. We left on our trip. A few weeks later, I started getting complaints from my other tenant regarding over flowing trash cans (lots of beer and wine bottles) and complaints about parties, loud noise, and music.
Anyway, to make a long story short, when I returned, I met with the students and discovered a long scratch in my recent refinished hardwood floors. The situation turned very ugly as I informed them that I needed to deduct this from their deposit (there were 2 men with them at this point) and they made threats of not moving. I informed them that they had handed the keys to me and legally they were now trespassing. I literally had the phone in my hand calling the police when they backed down and agreed to move out.
I ended up giving them a couple hundred dollars back and drove them to a motel down the street. When I returned, my neigbor across the street came over and told me my tenants were putting trash bags on my roof! I later found 12 large trash bags filled with garbage and beer bottles. I also found out that there were at least 8 people living there.
I would ask for a very high deposit, make very clear about the number of guests, and I would drop by to check on your property. Good luck!
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Melanie
Melanie2 years ago
I hosted a student from Canada last year for exactly 4 months, congruent with the semester system of his University. Everything went well with this Twitter intern who only used my kitchen for water the entire stay! I would recommend finding out the purpose or sponsorship of the students' visit and confirming those details, if that would temper your apprehension. I hope it all works out and you make some new friends!
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Melanie
Melanie2 years ago
p.s. he made his reservation directly, not through a 3rd party (parent).
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Peter
Peter2 years ago
Sharon: take-aways from Melanie's and Tim's helpful comments above - Tim rented to a group of students, Melanie only one. Tim was not present during their stay, Melanie was (I assume from the using only water in the kitchen comment)
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Tim
Tim2 years ago
No, I didn't go through the parents (I wish I had) and I only rented to 4 graduate students. Yes, Peter is correct, I was not present but I don't know what I could have done if I were present. They had a lease agreement and I would have had to take them to court.
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Keith
Keith2 years ago
Make he Lease say each name that can live in the house for the dates. I like the idea about contacting the company they will work for to make sure they are here for that purpose.
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Patti
Patti 2 years ago
Lease is a must!!!! Unless these students are roommates and live with you there is will never be any guarantee that you can make them leave -- that is the law once they are in they are in until THEY want to leave. This is according to our lawyer .... If you need a lease for a separate space (not roommate) I can send you a copy of ours. If it is a illegal unit you have to have them sign a letter stating they know it is an illegal unit.
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Sharon
Sharon 2 years ago
Thanks Patti, it's a legal unit and I am going to have them sign a new lease every 28 days. So sweet of you to offer.
Rachel
Rachel2 years ago
We do nothing but monthly-plus rentals. We require that they sign a line that says they herby give their move out notice for moving out on XX date. They also sign that they do not vacate the premises on time, agree to pay liquidated damages of $250 per night.
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Anne
Anne2 years ago
Hi Rachel, Do you know how enforceable those provisions would be if you had a problem? I had a bad experience some time ago with a 1 year lease when they didn't want to move out at the end of the lease.
Rachel
Rachel2 years ago
An SF tenants/landlord relations attorney told me that once the tenant gives notice that they are vacating on X day, the landlord has every right to begin leasing the apartment to someone else after that date. As a tenant, if you give notice about moving out on X day, and then u change your mind and u decide to stay, then yes, of course, you can stay until forcibly removed by a sheriff or the court of law or whatever the specific process would be. But you can be held liable for the extra expenses the landlord incurred due to not being able to follow through with the lease agreement of the person scheduled to stay after you, etc. If as a tenant, you give notice to move out on X date, there's very little room for you to win a court case claiming that you can still stay as long as you want.
Rachel
Rachel2 years ago
Also note that the specific dollar amount of the liquidated damages is not so important. The attorney said the amount should be reasonable to cover landlord's losses. I chose $250 as an amount that I hope would cover the cost of 1 hotel room for housing the person who would be staying after the current tenant. If your place is a 2- or 3-bedroom, you'd probably choose an amount to cover 2 or 3 or more hotel rooms. A judge would probably decide the dollar amount of damages, but if the dollar amount provided in the lease is reasonable, he or she may use it as a guide.
Rachel
Rachel2 years ago
Also note: I did not necessarily have to specify any dollar amount for liquidated damages. I chose to specify a. dollar amount in order to get the renter's attention. Unfortunately, I don't think $250 per night would cover a hotel room with so many amenities like our apartment has. But as you all know, there's no good comparison between what we provide and what is available at a hotel.
Rachel
Rachel2 years ago
Hereby.
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Rachel
Rachel2 years ago
...also left out the word IF above. (They also sign that IF they do not vacate ...)
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Tim
Tim2 years ago
Rachel,
I really like the part that guests "hereby give notice for moving out" and "liquidated damages". However, I am still concerned about steps to get them to leave. I think it is still a court process?
I have been a landlord for 20+ years and it is getting harder to come up with an iron-clad lease agreement. Correct me if I am wrong but if tenants refuse to leave, you still have to take court action?
It would be wonderful if Airbnb had an online lease (like other sites) and introduce an optional credit check. Guest checks a box for lease agreement when they make payment. There could also be a small fee to run a credit and eviction report (I bet Airbnb could get a fantastic group pricing). Also, it would be great to have insurance protection to help cover the cost of court ordered evictions.
Anyway, I do a complete background check, eviction report, and credit score. I find that if a person's credit score is very high, it is a good indicator of ethical behavior.
What recourse do we have when guests bring in someone and they refuse to leave? This is the problem with the squatter on our block. It sounds like you would still need to take court action.
Canada has a credit reporting system like in the US. However, if they are working for Twitter, I don't think you will have any issues. I rent to Google employees and many other tech employees and I never had a problem. In fact, they have been outstanding guests.
Reply Like 1 reply
Rachel
Rachel2 years ago
Yes, Tim, there would still be a court process to remove the tenant, and at the end the tenant may have an eviction on his record and owe the landlord for liquidated damages. This may not be much of a deterrent for an international student. I can imagine a case of an international person staying 1 extra week for free and then taking a flight out of the country, never to be heard from again. In that case, the landlord would have no way to get compensation for liquidated damages, etc.
Sharon
Sharon 2 years ago
Great advice. These kids are 20 and their parents are paying. I'm asking for confirmation of internship and a letter from university. It's almost more work and legally difficult than what it's worth!
www.airbnb.com/groups/content/content-90004
Monthly Rentals
I received a request for a four month rental. They supposably are students from Canada and I spoke with their dad. Not sure how I do this so that I don't have a long term lease . My son returns exactly on the day that they vacate so it couldn't be more perfect. Can anyone tell me where I can get information on handling this situation?Thanks so much.
14 comments
Follow
Like
Peter
Peter2 years ago
Hi Sharon. You can accept this reservation request through Airbnb just like any other booking request, except this will be a long term lease because it is for more than 30 days. Hence, all the usual tenancy laws relating to long-term leases will apply. My suggestion is that you make sure the students are here for only one semester. It would be strange for students to rent premises for only four months if they are here for a year-long course. Make sure you get a firm commitment that they will leave after 4 months due to your son's return. They could make your life difficult if they decide to extend their stay since they will have a lot of legal protections as long term tenants. You mentioned you spoke to their dad. Make sure the students (your Guests) are legally the tenants, and not their dad.
Reply Like
Sharon
Sharon 2 years ago
Peter..you are a life saver. I was going to have them make four reservations each being 28 days. That way it is legally not a long term rental. I will check student status as well.
Reply Like
Tim
Tim2 years ago
I highly recommend checking backgrounds. I have had mixed results with foreign students. A number of years ago, I had a request from Irish graduate students from the top university in Dublin. Their parents called me and I even had their parish priest call me with glowing recommendations. I had a nagging doubt but I caved in and rented to the students for 3 months.
I met the four women and they seemed to be very nice and I thought everything would be perfect. We left on our trip. A few weeks later, I started getting complaints from my other tenant regarding over flowing trash cans (lots of beer and wine bottles) and complaints about parties, loud noise, and music.
Anyway, to make a long story short, when I returned, I met with the students and discovered a long scratch in my recent refinished hardwood floors. The situation turned very ugly as I informed them that I needed to deduct this from their deposit (there were 2 men with them at this point) and they made threats of not moving. I informed them that they had handed the keys to me and legally they were now trespassing. I literally had the phone in my hand calling the police when they backed down and agreed to move out.
I ended up giving them a couple hundred dollars back and drove them to a motel down the street. When I returned, my neigbor across the street came over and told me my tenants were putting trash bags on my roof! I later found 12 large trash bags filled with garbage and beer bottles. I also found out that there were at least 8 people living there.
I would ask for a very high deposit, make very clear about the number of guests, and I would drop by to check on your property. Good luck!
Reply Like 1 like
Melanie
Melanie2 years ago
I hosted a student from Canada last year for exactly 4 months, congruent with the semester system of his University. Everything went well with this Twitter intern who only used my kitchen for water the entire stay! I would recommend finding out the purpose or sponsorship of the students' visit and confirming those details, if that would temper your apprehension. I hope it all works out and you make some new friends!
Reply Like 2 likes
Melanie
Melanie2 years ago
p.s. he made his reservation directly, not through a 3rd party (parent).
Reply Like 1 like
Peter
Peter2 years ago
Sharon: take-aways from Melanie's and Tim's helpful comments above - Tim rented to a group of students, Melanie only one. Tim was not present during their stay, Melanie was (I assume from the using only water in the kitchen comment)
Reply Like
Tim
Tim2 years ago
No, I didn't go through the parents (I wish I had) and I only rented to 4 graduate students. Yes, Peter is correct, I was not present but I don't know what I could have done if I were present. They had a lease agreement and I would have had to take them to court.
Reply Like
Keith
Keith2 years ago
Make he Lease say each name that can live in the house for the dates. I like the idea about contacting the company they will work for to make sure they are here for that purpose.
Reply Like 1 like
Patti
Patti 2 years ago
Lease is a must!!!! Unless these students are roommates and live with you there is will never be any guarantee that you can make them leave -- that is the law once they are in they are in until THEY want to leave. This is according to our lawyer .... If you need a lease for a separate space (not roommate) I can send you a copy of ours. If it is a illegal unit you have to have them sign a letter stating they know it is an illegal unit.
Reply Like 1 reply
Sharon
Sharon 2 years ago
Thanks Patti, it's a legal unit and I am going to have them sign a new lease every 28 days. So sweet of you to offer.
Rachel
Rachel2 years ago
We do nothing but monthly-plus rentals. We require that they sign a line that says they herby give their move out notice for moving out on XX date. They also sign that they do not vacate the premises on time, agree to pay liquidated damages of $250 per night.
Reply Like 4 replies
Anne
Anne2 years ago
Hi Rachel, Do you know how enforceable those provisions would be if you had a problem? I had a bad experience some time ago with a 1 year lease when they didn't want to move out at the end of the lease.
Rachel
Rachel2 years ago
An SF tenants/landlord relations attorney told me that once the tenant gives notice that they are vacating on X day, the landlord has every right to begin leasing the apartment to someone else after that date. As a tenant, if you give notice about moving out on X day, and then u change your mind and u decide to stay, then yes, of course, you can stay until forcibly removed by a sheriff or the court of law or whatever the specific process would be. But you can be held liable for the extra expenses the landlord incurred due to not being able to follow through with the lease agreement of the person scheduled to stay after you, etc. If as a tenant, you give notice to move out on X date, there's very little room for you to win a court case claiming that you can still stay as long as you want.
Rachel
Rachel2 years ago
Also note that the specific dollar amount of the liquidated damages is not so important. The attorney said the amount should be reasonable to cover landlord's losses. I chose $250 as an amount that I hope would cover the cost of 1 hotel room for housing the person who would be staying after the current tenant. If your place is a 2- or 3-bedroom, you'd probably choose an amount to cover 2 or 3 or more hotel rooms. A judge would probably decide the dollar amount of damages, but if the dollar amount provided in the lease is reasonable, he or she may use it as a guide.
Rachel
Rachel2 years ago
Also note: I did not necessarily have to specify any dollar amount for liquidated damages. I chose to specify a. dollar amount in order to get the renter's attention. Unfortunately, I don't think $250 per night would cover a hotel room with so many amenities like our apartment has. But as you all know, there's no good comparison between what we provide and what is available at a hotel.
Rachel
Rachel2 years ago
Hereby.
Reply Like
Rachel
Rachel2 years ago
...also left out the word IF above. (They also sign that IF they do not vacate ...)
Reply Like
Tim
Tim2 years ago
Rachel,
I really like the part that guests "hereby give notice for moving out" and "liquidated damages". However, I am still concerned about steps to get them to leave. I think it is still a court process?
I have been a landlord for 20+ years and it is getting harder to come up with an iron-clad lease agreement. Correct me if I am wrong but if tenants refuse to leave, you still have to take court action?
It would be wonderful if Airbnb had an online lease (like other sites) and introduce an optional credit check. Guest checks a box for lease agreement when they make payment. There could also be a small fee to run a credit and eviction report (I bet Airbnb could get a fantastic group pricing). Also, it would be great to have insurance protection to help cover the cost of court ordered evictions.
Anyway, I do a complete background check, eviction report, and credit score. I find that if a person's credit score is very high, it is a good indicator of ethical behavior.
What recourse do we have when guests bring in someone and they refuse to leave? This is the problem with the squatter on our block. It sounds like you would still need to take court action.
Canada has a credit reporting system like in the US. However, if they are working for Twitter, I don't think you will have any issues. I rent to Google employees and many other tech employees and I never had a problem. In fact, they have been outstanding guests.
Reply Like 1 reply
Rachel
Rachel2 years ago
Yes, Tim, there would still be a court process to remove the tenant, and at the end the tenant may have an eviction on his record and owe the landlord for liquidated damages. This may not be much of a deterrent for an international student. I can imagine a case of an international person staying 1 extra week for free and then taking a flight out of the country, never to be heard from again. In that case, the landlord would have no way to get compensation for liquidated damages, etc.
Sharon
Sharon 2 years ago
Great advice. These kids are 20 and their parents are paying. I'm asking for confirmation of internship and a letter from university. It's almost more work and legally difficult than what it's worth!