A law that requires a “hosting platform” to warn a tenant that subletting the tenant’s residence may violate his/her lease and could result in eviction is among the new laws passed by the California Legislature and the U.S. Congress that may affect REALTORS® in 2016.
A “hosting platform” is a marketplace that is created to facilitate the rental of a residential unit offered for tourist or transient use for compensation to the offeror of that unit, and the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace.
Airbnb is an example of such a platform. This law requires a “hosting platform” to provide notice to an occupant listing a residence for short-term rental that states:
“If you are a tenant who is listing a room, home, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, condominium, or apartment. Listing your room, home, condominium, or apartment may be a violation of your lease or contract, and could result in legal action against you by your landlord, including possible eviction.”
The notice must be in a particular font size and be provided immediately before the occupant lists each real property on the hosting platform’s Internet Web site in a manner that requires the occupant to interact with the hosting platform’s Internet Web site to affirmatively acknowledge he or she has read the notice.
For the full text of a law, as well as other new laws for 2016, click onto the legislative number or go to http://leginfo.legislature.ca.gov for California laws or http://www.gpo.gov/fdsys for federal laws. A legislative bill may be referenced in more than one section.
Senate Bill 761. Codified as Business and Professions Code §§22590, 22592 and 22594. Effective date is January 1, 2016.