Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    Billionaires Row in Manhattan
    Sell
    Median price for Manhattan co-ops and condos stuck at $1.25 million in the third quarter
    First Avenue in Manhattan
    Sell
    After a 20 percent maintenance hike, an Upper East Side condop renegotiated its ground lease. Here’s how they did it
    Luxury residential towers on Billionaires Row
    Rent
    With an acoustic consultation, NYC buyers can identify noise problems missed during a walkthrough
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Chelsea residential building
    Affordable Housing
    NYC’s rent freeze is still in place, at least for now
    image
    Roommates + Landlords
    No heat in your NYC apartment or radiator too hot? Here's what you can do
    Image of a building in New York City
    Roommates + Landlords
    How to break the lease for your NYC rental apartment
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Billionaires Row in Manhattan
    Sell
    Median price for Manhattan co-ops and condos stuck at $1.25 million in the third quarter
    First Avenue in Manhattan
    Sell
    After a 20 percent maintenance hike, an Upper East Side condop renegotiated its ground lease. Here’s how they did it
    Carroll Gardens townhouse
    Getting Ready
    I cleared out my elderly neighbor's townhouse to sell it. Here's how I dealt with mountains of stuff
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    The 1871 Jacob J. Lissner House at 125 East 78th St
    Live
    The 1871 Lissner House at 125 East 78th St: A disreputable connection with Tammany Hall
    Red Hook Treehouses
    Live
    During Open House New York, get a rare look inside NYC’s most interesting residential properties
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    stacked washer/dryer condo in a bathroom
    Renovation
    Can I install a washer/dryer combo in my NYC co-op?
    A brightly lit open kitchen with modern clean style and appliances
    Renovation
    Best End-to-End Renovation Companies in New York City
    Sponsored By Advertiser
    NYC residential towers
    Improve
    How your NYC co-op or condo board can avoid the hidden costs of putting off building repairs
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Manhattan apartment towers
    Roommates + Landlords
    Ask Altagracia: My luxury building doesn't have the amenities it promised and the rent is going up by $500. Can we push back?
    Sponsored By Outerbridge Law P.C.
    A brightly lit open kitchen with modern clean style and appliances
    Renovation
    Best End-to-End Renovation Companies in New York City
    Sponsored By Advertiser
  • Brick Report
  • About Us
  • About Us
Email address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: Can I get evicted for renting my apartment on Airbnb?

By Himmelstein McConnell Gribben & Joseph LLP  | August 22, 2018 - 10:00AM
image

City and state laws make renting out your place on Airbnb a dicey proposition.

Charley Lhasa / Flickr

My landlord caught me renting my apartment on Airbnb. Can I get evicted? What can I do to keep my place?

There are multiple laws on the books that make it difficult to legally rent your apartment through Airbnb in New York City, so the first thing you should do is familiarize yourself with them, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations.

New Yorkers who live in buildings with three or more residential units may not rent out their apartments for fewer than 30 days if they are not present, under the New York State multiple dwelling law; it’s also illegal to advertise a short-term rental in a multiple unit building.

Rent-stabilized tenants face additional restrictions, and for those who live in co-ops or condos, boards often establish their own set of rules for short-term rentals.

If you are illegally renting your apartment and someone—a neighbor, for instance—reports you, the Department of Buildings will send out an inspector and issue a fine.

“The fines are pretty hefty. Landlords really hate it for that reason,” Himmelstein says. “And the courts lately are siding with the landlords. There have been several recent decisions in which the tenants got evicted.”

In some of these cases, tenants were not given an opportunity to “cure”—that is, address the Airbnb complaint—before being evicted. However, there are several factors that could impact your chances of avoiding eviction.

“Were you in the apartment when you were Airbnb’ing it, or were you away? It’s much worse if you were not there, because then it’s considered an illegal sublet,” Himmelstein says.

The number of times you rented out your apartment, and the amount you charged people to stay there, could also impact a court’s decision on whether you should be evicted. Particularly for rent-stabilized tenants, there are strict laws against overcharging subtenants. If your monthly rent is $3,000, for instance, then the daily rent is $100. Legally speaking, you cannot charge a short-term renter more $100 per night to stay in your apartment alone, or $50 per night if you are present. 

However, note that all tenants—market-rate, stabilized, Mitchell-Lama, and NYCHA—could be subject to eviction for using Airbnb to rent out their apartments.

“If you overcharge—and do that multiple times—some courts will say that is not a curable breach of tenancy, but akin to a nuisance,” Himmelstein says. A tenant who is being a “nuisance” is at risk of eviction, even if they are rent-stabilized.

In this situation, your best shot at avoiding eviction is to give a full refund to whomever rented your place. It isn’t always easy, though, to track down Airbnb users.

“We tell people: If you refund all the money that you overcharged, stop renting out your apartment immediately, and never do it again, we might be able to save your tenancy,” Himmelstein says. “It really depends on your landlord, and whether they will be aggressive or content with you just stopping. And in deciding whether or not to issue an eviction order, the courts will generally take into account whether and how quickly you refunded the overcharges.”

Related: 

Ask Sam: What are the rules for evicting rent-stabilized tenants in NYC? (sponsored)

Ask Sam: Is it OK for me to rent out my rent-stabilized apartment on Airbnb? (sponsored)

Ask Sam: What can I do if my landlord is renting stabilized apartments on Airbnb? (sponsored)

Read all our Ask a Renters Rights Lawyer columns here.


 

Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Alanna Schubach

Alanna Schubach

Contributing writer

Contributing editor Alanna Schubach has over a decade of experience as a New York City-based freelance journalist.

SEE MORE BY Alanna Schubach »
Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia eviction landlords rent regulation short-term rentals tenants
SHARE
TWEET
BRICK’S PICKS
stacked washer/dryer condo in a bathroom
Can I install a washer/dryer combo in my NYC co-op?
one-bedroom unit at 365 West 23rd St.
A pied-à-terre purchase checklist: What to consider if you're buying a part-time place in NYC
A kitchen with stainless steel appliances and counter tops and wood floor
11 things NYC landlords are required to provide, and 11 they’re not that might surprise you
716 Broadway, #2
What you need to know about buying a NYC condo or co-op with direct elevator access
Towers on Billionaire's Row
I received a pied-à-terre tax notice for my primary residence in NYC. How do I fight this?
Manhattan apartment towers
‘Central air or bust’: Many NYC luxury buyers will not consider listings without central AC
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS