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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 2018
Experience:  Practicing Attorney with 10 years experience
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I have a house that I rent on AirBnB. It is my primary

Customer Question

Hi I have a house that I rent on AirBnB. It is my primary residence and it is a large home with a carriage house. It has a 6 bedroom septic system but there are actually 9 bedrooms between the carriage house and the primary house. It is located in Hampton falls. I got a call from the town building inspector stating that I was running a bed and breakfast and had to go before the planning board to get licensed as a bed and breakfast and have to comply with all the handicap accessibility, sprinkers etc if it were a licensed be and breakfast. I pushed back and as this is owner occupied and only rented occassionally didnt feel it was correct to force me to do that. He also stated that I could not advertise for more bedrooms than the septic system was designed for. I asked if there was a town ordinance or building code that stated that. I didnt get an answer. I also asked if it would be illegal for my son to have sleepovers with his friends and boyscout troop since they would be using the game room for the sleepover? I know when selling a house that you have to list the house with no more bedrooms than the septic system is designed for, does that apply to short term rentals? Thanks! Terry
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: New Hampshire
JA: Has anything been filed or reported?
Customer: I dont know, I got a call from the town building inspector and he asked me to come in for a conversation.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  AttyHeather replied 4 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 4 months ago.

Your property sounds really cool. It's important, however, for you to make sure that you are in compliance with your area's building ordinance. The person you spoke with should have directed you to the code, but since he didn't, I'll give you the website: http://www.hamptonfalls.org/Pages/HamptonFallsNH_BComm/ZBA/ZONING%20ORDINANCE%202015.PDF

You can review the language around page 20 for the bed and breakfast ordinances and rules.

Let me know if that helps!

Thanks.

Customer: replied 4 months ago.
Hi Heather, thank you for your response. What I am specifically asking is, is there any requirement for any short term rental to limit the Buber of advertised bedrooms to the size septic system one has. Typically septic systems are designed with full time occupancy in mind and listed in terms of bedrooms. Short term rental shower can be for 1 or 2 nights and I am not aware of any limitation as to how I advertise my home for short term rental purposes. That is what I am trying to find out?
Expert:  Asad Rahman replied 4 months ago.

I cannot see any requirement under New Hampshire law requiring you to list the bedrooms but I suspect if the city challenged what you were doing a judge would side with them. My research indicates that New Hampshire is still figuring out how to address these Air BNB businesses. You are right to ask for the specific regulation they are saying that you are violating.

Expert:  Asad Rahman replied 4 months ago.

If you have no further questions a positive rating would be greatly appreciated

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