"Could emerge"? Have you ever read a residential lease? I've rented (counting real quick) 8 different places in 3 different cities and every single one of them gave the landlord control over sublessors. I could not have lawfully put any of those apartments on Airbnb.
This came up last Abnb thread, and a bunch of my fellow message board nerds insisted that it was a commonplace to have leases that didn't forbid Abnb, but I don't buy it. I think the right rule of thumb is "you can't do it without breaking the promise you made when you rented the apartment and exposing yourself not only to eviction but to civil liability".
Incidentally, the case law behind landlord oversight over sublessors is very solid; this issue is some substantial fraction of every tenant dispute ever, because people very commonly want to break their leases, and expect their landlord to accept the very first person the tenant finds to occupy the apartment.
This came up last Abnb thread, and a bunch of my fellow message board nerds insisted that it was a commonplace to have leases that didn't forbid Abnb, but I don't buy it. I think the right rule of thumb is "you can't do it without breaking the promise you made when you rented the apartment and exposing yourself not only to eviction but to civil liability".
Incidentally, the case law behind landlord oversight over sublessors is very solid; this issue is some substantial fraction of every tenant dispute ever, because people very commonly want to break their leases, and expect their landlord to accept the very first person the tenant finds to occupy the apartment.