Renting Your Apartment Through Airbnb Could Get You Evicted

1900 Elm exterior

Landlords at 1900 Elm say that Ashley Stanley violated her lease agreement when she hosted guests through Airbnb.

Ashley Stanley has been running an apartment locating business focused on downtown Dallas for 14 years. To rake in some extra dough, the single mother and real estate broker decided to host guests in her apartment at 1900 Elm through Airbnb. Only the apartment building says that by doing so, Stanley has violated the terms of her lease agreement and can be evicted.

Stanley plans to fight the decision, saying that these short stays do not amount to “subleasing” as the landlord says.

“The definition of subleasing does not apply,” Stanley told Channel 5. “Nor am I assigning my rights. I’m not saying, here’s the entire apartment, you finish out the rest of the lease term.”

But it’s just another nail in the coffin for renters and condo owners who want to open doors to cash-strapped travelers as more apartment buildings and HOAs crack down on Airbnb rentals over safety concerns.

Ashley Stanley

Ashley Stanley says that opening her apartment at 1900 Elm to Airbnb guests didn’t violate her lease terms.

To avoid risking eviction or running afoul of your landlord, NBC DFW report Deanna Dewberry suggests you:

  • Read your lease carefully,
  • Contact your landlord before you list,
  • And get approval in writing.

Have you run into trouble with your landlord for listing your apartment or rental on Airbnb?

 

9 Comment

  • this woman is ridiculous. she is renting out HER rental. period. end of story. besides violating her lease, she is jeopardizing both the safety and the privacy-expected ambiance – AND the ” peaceful enjoyment ” of other tenants. then she tries to weasel out of her responsibility. i hope they throw her out.

  • Hi Aurie Lambert,

    I cannot comment on the details of this case because it is ongoing, but to address your statement, “I hope they throw her out.” Are you a single income household with a tiny toddler? I would urge you if you are a fellow parent you might have a bit more compassion and understanding that in a 2 minute news clip you can’t possibly have all the details to make a judgement. Wishing you all the success in your life.

    Ashley D. Stanley, CNE, CCS
    Real Estate Broker/Owner/Founder
    Ashley’s Apartments LLC
    dba Ashley D. Stanley & Associates
    Commercial Real Estate Services, Property
    Management & Multi-Family Consulting

    ***Private Practice – Texas Real Estate Mediator***

    Mediation is a process that employs a neutral third party to assist with the decisions concerning the future of a dispute. I am an Associate Member of the American Bar Association – Section of Dispute Resolution [Member ID# 02782612]

    • All I see is someone with a lot of jobs that don’t generate enough income to live in the apartment she wants versus the less-nice one she can afford.

  • “another nail in the coffin…”

    Why are people so quick to bury Airbnb? I get it – income inequality and safety and blah blah blah – these are all real things and issues that should be addressed. And I don’t blame anyone for having concerns about people in their building renting out to Airbnb guests. But this is not all just about “cash-strapped travelers” and poor people needing extra income. I’m fortunate to have enough money to use a hotel anywhere I travel, but the perks of renting an Airbnb apartment with a fully furnished kitchen, washer and dryer, a free parking spot and easy in and out sometimes provides a much better experience than staying in a hotel. In addition, I’ve used Airbnb in places where there simply aren’t hotels/motels available, which lets you experience some neighborhoods like a local (Ocean Beach in San Diego is a great example).

    So again – I get all of the concerns that people may have – but you might want to actually understand the entire concept before making judgments and criticisms of everyone involved.

    • Rental property owners and neighbors absolutely do not have to “understand the entire concept” of Airbnb to know they don’t want untold numbers of strangers rolling suitcases noisily up and down hallways (or unpacking in driveways) at all hours. They do not have to understand rental homes turned into party pads. They do not have to understand the annoyance of living next to a never-ending conga line of rowdy tourists and their associated traffic and parking. The reason they don’t have to understand is because they’re the ones getting all the downside while the Airbnb neighbor rakes in the cash. The neighbors are also the ones who bought/rented for peaceful, secure enjoyment – they didn’t sign up to live in a hotel. Of course we’ll stipulate that James is the epitome of a good Airbnb-er, but not everyone is and Airbnb isn’t the only way properties are rented. But, James’ desires and enjoyment of Airbnb renting also don’t trump full-time residents’ desires. I’m in a unique position. My Dallas home doesn’t allow <12-month rentals. My Hawaii home requires a 30-day minimum in a very touristy area. I would not like daily rentals in either place. In Hawaii, I don't mind because the 30-day policy brings a certain vibrancy to the building while the policy generally keeps out the (younger) more irresponsible party crowd – oh, and I knew about the policy when I bought. Ultimately, the Airbnb choice impacts everyone while only one agreed to it and gets paid for it.

      • When I say “understand the entire concept” I mean the person writing this post and you, Jon. Again, I’m not saying that Airbnb is completely innocent and there can be real problems with people that use it and their neighbors. Joanna says “cash strapped travelers” which tells me she doesn’t get it.

        But please, continue with your sarcasm and don’t try to understand from any other perspective. I’ll excuse myself from the tens of readers you have.

        • Trust me, I get “it.” Removing Airbnb from the equation, the real problem here is notification and approval. No one can change the designated use (zoning) of a property in a vacuum without proper approval. Re-categorizing a property as a B&B, hair salon, accountant’s office, etc. without proper notification and approval from either the owner or landlord (or potentially the municipality) is likely illegal and certainly unneighborly in a residential dwelling. Now if you tell me that everyone who would be impacted by the usage change was notified and agreed, that’s fine. But let’s be honest, neighbors and landlords usually find out about it only when it’s staring them in the face (because the owner/tenant knew it was wrong). Sharing economy or not, that’s no bueno.

  • The issue really is not about “compassion” for a single mom, or the “new” sharing experience economy, it is about what is legal…may HOAs state clearly rentals less than 30 days not allowed. This is nothing new, included in my docs written in 1984.

    Personal feelings are one thing, generally the law is quite clear. I just wonder how if the point of view changed how this single mom would feel if her neighbor rented thru a sharing service and there was some sort of incident, she is exactly they type of resident these rules and laws are written to protect.

    Renters have to understand they only have use of something and it is not theirs

    • Unfortunately RWard, the TAA Lease ambiguously addresses this issue and because I cannot comment further due to the ongoing litigation, you can imagine how onsite management may not know how to handle it and corporate goes straight to Attorneys. It becomes a boxing match. All I’m doing is saying, “The gloves are off!”