Is Airbnb OK in apartments?

Is Airbnb OK in apartments?

“Would you lease your apartment through a short stay group like Airbnb?”

“Yes – No – Maybe…”

“Well are you OK for everyone else in your building to lease their apartments via Airbnb if they wish?”

“Well that would be up to the collective group of owners (owners corporation) to decide wouldn’t it?”

“Actually No…”

A recent landmark Supreme Court decision as reported in The Age found that owners and people living in apartments cannot stop other owners renting their property via Airbnb to short stay tenants. “So what is the problem anyway?”

There have been some short stay tenants who cause significant problems by making excessive noise and damaging the building’s common areas like the lifts and lobby which falls to the cost of all owners. It also makes investigating theft more difficult as more “unknown” people are coming and going through the building every day.

All of this is before you consider what damage or activity is going on inside the apartment as sometimes longer term tenants who are approved by the owner, then sub lease bedrooms to short stay users. Also some owners sign up for long term agreements with onsite short stay operators so it gets even more complex.

The pace of technology to facilitate this has not been considered by the legislation like the Owners Corporation Act 2006 or the Residential Tenancies Act 1997. In the meantime, the battle rages especially in popular short stay locations.

I suspect like Uber, the legislation and practice will need to catch up to technology.

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