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Customer Question

is it illegal to rent your apt out when your the only one on lease? Are sites like Airbnb.com illegal?

 

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State/Country relating to question: New York

Submitted: 350 days and 16 hours ago.
Category: Real Estate Law
Value: $79
Status: CLOSED
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Expert:  RealEstateAnswer replied 350 days and 16 hours ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Can you clarify what you mean when you ask if it is illegal if you are the only person on the lease? Are you talking about subleasing the apartment as a result of the tenant no longer wanting to live there?

Customer replied 350 days and 16 hours ago.

I am the only one on lease and I wanted to rent it out when going on business trips. Is this legal?

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Expert:  RealEstateAnswer replied 350 days and 15 hours ago.

It is not that it is illegal it is something which your landlord could have a problem with IF they found out. Your lease is going to control and you need to read it and see what it says about sub-leasing and even short term rentals/leases. Bringing someone in to the apartment who is not on the lease and allowing them to live there, could be a violation of the lease agreement and something which the landlord could hold you liable and in breach for. This would be if he found out. The agreement and liability would be between you and the company, so if something were to happen to the apartment ( i.e. damage), it would be you who is liable to the owner, not the guest or company. It is not uncommon for tenants to rent out their apartments when they are out of town but you need to make sure it is not only allowed by the owner/landlord but the building if there is an Association.

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Expert:  RealEstateAnswer replied 350 days and 14 hours ago.

What does your lease agreement state about this issue, if anything?

 
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