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I wrote about this exact situation and the legality's regarding it in 2012.

http://harknesslabs.com/post/32179239260/gaming-airbnb-in-sa...

The gist of it, is that San Francisco and California's rental and rent control laws will supersede any private contract you can write. No way around it. If there was a way around it, you can bet that landlords would simply be including clauses in all new leases they say "rent control not valid here".

What I wrote in the above article amazingly still stands today. You can even find a 1bedroom in Nob Hill for a affordable 2200 a month! https://www.airbnb.com/rooms/1605304?

There is so much education AirBnB should be doing for their hosts in CA and SF especially.

Did you know that if someone rents a airbnb listing in SF for more than 30 days, they can stay there forever, so long as they keep paying rent? Yeah, no mention of that when you create a new listing on the site.



This "30-day for just-cause-only eviction protection" isn't, as far as I know, quite right. Given that AirBnB guests don't really sign any contracts (aside from the website boilerplate), you may be correct in this case. But in general, it's very possible to sublet your apartment in SF and have your subtenant sign an agreement to wave their just-cause eviction protection on the grounds the rental is temporary. See this page for more information: http://www.hrcsf.org/subletting_basic.html


Well not exactly. If the AirBNB host is a tenant themselves, then the subtenant relationship will end when the AirBNB host vacates the property.

Not all SF landlords are opposed to their tenants rerenting the units on AirBNB. Some even deliberately rent for minimums of 30 days, to avoid running into zoning regulations against short term stays. AirBNB promised to start collecting hotel taxes in SF, but such taxes wouldn't apply in this case either.


That is not entirely accurate. If you were renting a room in a apartment (you being the master tenant) and you still resided in the apartment in another bedroom AND also showed/informed the new tenant a copy of San Francisco Rules & Regulations 6.15C- then yes, you could evict them.

Otherwise, you cant- and the tenant takes over the defacto 'lease' from you.

Costa Hawkins (which I believe you are referring to) is a landlord/owner option. You as a tenant cannot initiate it and would be shit out of luck. You might be able to get your landlord to initiate the lawsuit for you, but I doubt they want to come out of pocket on legal expenses on your behalf.


> Did you know that if someone rents a airbnb listing in SF for more than 30 days, they can stay there forever, so long as they keep paying rent?

Are the rent terms fixed at the time they occupy? If not, one assumes that the landlord could just up the price repeatedly to force them out.


In SF, yes.


Note that the property in question isn't anywhere close to SF. It is in California, so those laws are relevant, but SF's laws aren't.




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