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Think your Airbnb setup is perfectly legal? Maybe not, and here's why

By Virginia K. Smith  | October 6, 2014 - 11:59AM
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Even if your short-term Airbnb sublet is in the clear of New York state law—meaning that you're staying in the apartment alongside your guest, who'll be there for under 30 days—there's still one person who can make or break your rental side hustle: the landlord.

One Upper West Side Airbnb host is learning this lesson the hard way, facing an eviction lawsuit from her landlord for allegedly using the site, which management claims violates the terms of her lease. Noelle Penraat, 62, been renting out three of the four bedrooms in her $4,447 a month apartment in the upscale Central Park West pre-war the Brookford, while living in the apartment, according to the suit reported by the New York Post. She reportedly took in $8,883 a month from her rentals, charging between $75 and $100 per night, depending on the size of the room. Penraat apparently received glowing reviews on the site for extra touches like maps to the city and fresh linens.

Still, being a model host doesn't change the terms of your lease, and while the results of this case are still up in the air (per Gothamist, Airbnb hasn't issued a comment yet) there's a concrete lesson to be learned here: no matter how meticulous your hosting game, if your lease explicitly forbids short term rentals, you—and your guests—could find yourself getting the boot from the building altogether.

Related:

Lessons from an Astoria man who made $18,000 on Airbnb—legally

Yes, it's still illegal to rent out your NYC apartment for less than a month

How to avoid an Airbnb squatter nightmare

A landmark win for Airbnb hosts? Not exactly

6 summer mishaps that are covered by your apartment insurance (sponsored)

Two Airbnb junkies share tips on being the ultimate host

How to handle a roommate who's abusing their Airbnb privileges

Spot the Airbnb outlaw in your building: a big NYC landlord offers tips

Short term rental ideas we'd like to see in NYC

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