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You're right that short term renters change the value of a property, but you still have all your work ahead of you to show why it should actually be illegal (having the police come raid people).

What you described is handled quite well by regular contracts between tenants/landlords. If a tenant signs a lease where short term rentals aren't allowed and violates it then they can be evicted, lose their deposit, etc. Similarly, landlords who don't allow it could face slightly lower rents by losing tenants who want more flexibility. In other words, it reaches a balance as people negotiate contracts.

There is a big difference between violating a lease and making something illegal.



I think 'cletus is using "apartment" in its generic sense.

There's no question that most leases are done on boilerplate contracts that forbid Airbnb-type arrangements, often by spelling out by name each of the occupants, but at the least almost invariably specifying that the landlord gets reasonable approval over any sublessor. I'm sure there are pinholes to be poked in this point but I think as a general rule of thumb we can stipulate: apartment renters cannot lawfully put their apartments up on Airbnb, and the simplest remedy to them doing so is indeed to evict and then sue them.

But getting back to 'cletus point: focus your attention on those "apartments" we call "condos". If your association contracts are good, there are remedies for Airbnb abuse here too, but they're nowhere nearly as clean as the remedies for apartment renters.

Or, here's another wrinkle: go back to the apartment rental scenario, but stipulate that the landlord doesn't care to assert their right to curb Airbnb abuse. What recourse do the other renters in the building have now? They probably do have some; for instance, they can break their lease. But this is messy.




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