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DISCLAIMERYou agree, by participating in this webinar, that the information presented does not constitute
legal advice and is being presented for informational purposes only. You agree that no
attorney-client relationship is established or assumed by participating in this webinar and that the information or suggestions presented in this broad overview may not apply to your specific
circumstances.
MOBILE APPS & PLATFORMS__________
PEER-TO-PEER__________
HOUSES, CARS, CLOTHES, TASKS,
ETC.
TRENDS•SEEKING ADDITIONAL
INCOME
•MORE REGULATIONS
•BLURRED LINES
EACH CITY HAS OWN RULES, IF
ANY__________
APPLIES TO BOTH RENTERS &
OWNERS
RULES FOUND IN HOMEOWNER’S
ASSOCIATION CC&Rs
LEASE TERMS ABOUT
SUBLETTING AND/OR GUEST
CLAUSES__________
MOST STANDARD LEASES CONTAIN
PROVISIONS
# OF RENTAL
DAYS•TOTAL IN A
YEAR
•CONSECUTIVE DAYS
RECORD KEEPING
•OWNER RESPONSIBILITY
•RECEIPTS & PROOF
PERMITS ®ISTRATION
•POTENTIAL FEES
•SOME REQUIRE BUSINESS LICENSE
TAXES•HOTEL TAX
•OWNER RESPONSIBLE FOR RECORDING
LIMITS ON REVENUE
•RENTERS: NOT EXCEED MONTHLY RENT AMOUNT
San Francisco
(1)1 UNIT PER PERSON LIMIT
________• PER REGISTRATION
• PERMANENT RESIDENT (275 DAYS)
(2)90-DAY ANNUAL CAP, ENTIRE UNIT
________• PORTION OF UNIT = NO CAP
• DOESN’T APPLY IF “HOSTED”
• $1,000 PER DAY FINE
(3)PLANNING DEPT. REGISTRATION
• APPLICATION + FEE• INSURANCE: $500,000, SHORT-TERM• NO CODE VIOLATIONS• PRIMARY RESIDENCE• BUSINESS CERTIFICATE
(4)30 DAYS OR LESS RENTAL PERIOD
________• RIGHTS AS TENANT AFTER 30 DAYS
• RENT CONTROL
• EVICTION PROCEDURES
(5)MUST PAY HOTEL TAX
________• 14% ON REVENUE OF ROOM
• TRANSIENT OCCUPANCY TAX
(6)ADVERTISEMENTS
________• MUST ADVERTISE WITH REGISTRATION
NUMBER
(7)RECORD-KEEPING
REQUIREMENTS________
• TRACK NUMBER OF DAYS RENTED (CONSECUTIVE & TOTAL DAYS)
(8)SAFETY CONCERNS
________• EXIT SIGNS ON DOORS
• FIRE EXTINGUISHERS
• GAS/WATER SHUT-OFFS
MUNI CODES ONLINE
__________
CC&R DOCUMENT__________
LEASE
AFFECT NEIGHBORS’ USE & ENJOYMENT
OF PROPERTY__________
CAN NOT CONTROL RENTER BEHAVIOR
__________
ACTIVITY MAY VIOLATE CC&Rs
NOISE
SMOKING
PARKING/TRAFFIC
PETS
HIGH TURNOVER__________
COMMON AREAS__________
SAFETY OF COMMUNITY
__________
KEYS & ACCESS
SOME PROTECTIONS IN AIRBNB
CONTRACT, BUT...
SOME POLICIES COVER ONE-TIME EVENT
__________
BUSINESS ACTIVITY NOT COVERED
TYPE OF POLICY:
HOMEOWNER OR
INVESTMENTPROPERTY
AFTER 30 DAYS, BECOME “TENANT”
__________
EVICTION = ENFORCEMENT VS. CONTRACT
__________
ATTORNEY FEE PROVISION
MAY NOT APPLY__________
MORE UNITS, MORE LIKELY
__________
DISCRIMINATION ALWAYS ILLEGAL
__________
RETROFITS
SERVICE ANIMALS
ARBITRATION PROVISION
__________
SECURITY DEPOSITS
__________
HOUSE RULES
OVERSTAYS•2X NIGHTLY RATE
•SERVICE FEES•LEGAL FEES
POSSIBLE DEED OF TRUST VIOLATIONS
__________
LIABILITY FOR SERVICE
PROVIDERS• PROPERTY MANAGEMENT• CLEANING SERVICES
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