Landlords and Real Estate Agents Move to Ban AirBnB

by Isaac Benmergui, Esq on July 18, 2017

AirBnBSouth Florida beach towns aren’t the only places fed up with short-term sublets like AirBnB. Some Melbourne, Australia, real estate agents are helping landlords keep short-term renters off their properties.

In Melbourne, the main problem with subletting is that it’s not the homeowners doing it. Landlords are renting their properties out to tenants, who are then using AirBnB to make money off the property while they are away. It’s causing concern for neighbors, homeowners, and property managers.

In response, many real estate agents are inserting clauses in leases that prohibit using the property as a short-term rental. The clause does allow short-term subletting with the property owner’s consent. Real estate agents say that aside from the liability issues, short-term rentals result in increased wear and tear on a property.

In Florida, AirBnB problems mainly stem from parking woes and noise complaints to all-night parties in beach areas. Since a 2012 Florida statute prohibits municipalities from making sublets illegal, they have fought back by regulating the problems that sublets cause in the communities. Many beach communities have also begun taxing the service.

The mayor of Miami Beach ranted on Facebook that AirBnB and other short-term rental sites bring down property value and artificially lower vacancy rates, making housing more expensive. Neither of those claims have been substantiated, according to Politifact.

For now, AirBnB remains a real problem for landlords, both at home and overseas.

Call Miami Real Estate Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have over a decade of experience handling Real Estate and Civil Litigation cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

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