The tenant signed a lease, and should be aware of the clauses within it. Usually...

toufka · on April 7, 2014

At least in this case, it appears to be a law that is being violated, rather than a clause in a lease. The clause in the lease that is getting people evicted states, "any illegal activity". So just reading your lease is insufficient to determine whether or not one could rent a room.

Further, from the article:

"San Francisco bans all residential rentals of less than 30 days unless the hosts have a conditional use permit - an expensive and cumbersome process that virtually everyone ignores. The ban applies whether the hosts own or rent, paying guests visit frequently or once a year, or hosts rent out a room or an entire dwelling."

So at least in SF - anyone using AirBNB at all is breaking the law, irrespective of one's lease or ownership status.

tshaddox · on April 7, 2014

There still is (at least to me) a difference between specific illegal activity involving housing laws and simply any illegal activity in the apartment. Can you get evicted for, say, lying on your taxes from your apartment?

goodcanadian · on April 7, 2014

Probably, yes, they could evict you for conducting that particular illegal activity in your apartment. Whether or not a landlord is likely to is a different question. Remember that the clause says that the can evict you, not that they are obligated to. I can imagine a scenario where a landlord might try it if they wanted rid of you for some other reason.

eloisant · on April 7, 2014

The point here is "using the apartment for an illegal activity".

tshaddox · on April 7, 2014

That's what I mean. I've heard of people getting evicted for drug offenses conducted from the apartment, but not for lying on taxes from the apartment.

Mindless2112 · on April 7, 2014

If it could be proved that you "used the apartment" in lying on your taxes, I don't see why it wouldn't be legally enforceable.

bsder · on April 8, 2014

Most leases include clauses about complying with applicable laws.

gpapilion · on April 7, 2014

I would generally say both are being violated.

sp332 · on April 7, 2014

Short-term rentals are illegal regardless of lease terms.

calbear81 · on April 7, 2014

In this case, it's not really a sublease because the tenant was occupying the unit at the same time.

001sky · on April 7, 2014

But if you profit off illegal activity and/or look the other-way... you have created a nexus with that activity...wilful negligence etc. How do you stay out of the legal crosshairs?

goodcanadian · on April 7, 2014

But if you profit off illegal activity and/or look the other-way... you have created a nexus with that activity...wil[l]ful negligence etc. How do you stay out of the legal crosshairs?

You don't. AirBnB is potentially creating a huge amount of legal liability for themselves. It will be interesting to see how it shakes out.