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Post by David on Oct 21, 2015 10:14:28 GMT
Hi fellow hosts,
I'm an experienced short term rental landlord (been renting out my vacation home for over ten years) but I'm new to AirBnB. To attract and book guests, I have traditionally used one of AirBnB's competitor sites and I've had a positive experience. But I would really like to get more traffic in the off-peak parts of the year, so I set up on AirBnB to try. So far so good - I made a booking within 48 hours of completing my listing.
One thing that feels different about AirBnB is the legal relationship between the renter and the landlord. AirBnB takes what looks like a more active role in protecting the landlord and the renter - at least that's my take so far. Renting out through other sites, I always had renters sign a contract before giving them the code to the key lockbox (before even giving them directions). But here on BnB, I don't get the impression that people are doing that.
I'd love to hear other hosts' opinions and practices around the issue of contracts for AirBnB rentals. My property is in USA and most of my guests are US, and although I've never had anything go wrong, I know how litigious we can sometimes be...
David
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Post by High Priestess on Oct 21, 2015 15:59:59 GMT
Yours is a very good question, David, that has been asked before by hosts. Something that many hosts have pointed out, is that the "reservation form" that both sides get when the guests book, is in essence a "contract" since it stipulates: dates of the rental, terms of the rental (eg check in check out time, house rules, payment, ) and it is made based on Airbnb terms and policies. So one thing hosts can do is just have guests sign this reservation form when they arrive. Other hosts use an additional contract, which they send in PDF form to the guest after the guest books, to have them fill out and/or sign. I posted this example of a short term rental contract I found online; globalhosting.freeforums.net/thread/56/example-rental-agreement-hostsI dont' use a separate contract, but then I rent rooms in my house rather than a whole apartment. In terms of the issue you bring up about litigation and our litigious society --- this is most definitely something to think about. However, one also needs to consider what actually would be provided to you in terms of legal protections, when using a rental contract. THis may be a question for one's homeowner's insurance company or an insurance broker, as well as a real estate attorney. I think one of the best protections property owners may be able to afford themselves, is to limit renters' ability to sue them. This can be done via a mediation clause or a mandatory arbitration clause on one's rental agreement, or stated in one's Airbnb house rules. For instance, read my house rules here: globalhosting.freeforums.net/thread/366/house-rules-long-comprehensiveYou will see that the last line stipulates that all disputes for amounts over $5000 are required to be resolved by binding arbitration in my state. THis means that for all intents and purposes, a renter will not be able to get any attorney to sue me, since in my state, cases for $10,000 and less are handled in small claims court. And attorneys will not take a case where the most they could earn would be 30-40% (contingency fee) of $5000. YOu might consider adding such a binding arbitration requirement to your house rules and/or a rental contract.
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