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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, July 18, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will discuss the effects of short-term rentals on real estate and explore the unique issues confronting owners, renters, and other stakeholders. Our panel will provide insights into the overlapping legal and regulatory regimes applicable to such arrangements--including the restrictions under rental and co-op leases and condominium bylaws--and enforcement difficulties faced by landlords, co-op or condominium owners and boards, and homeowner and neighborhood associations.

Faculty

Ashley M. Peterson
Founder
Law Office of Ashley M. Peterson

Ms. Peterson specializes in real estate transactions including commercial and residential property purchases and sales, 1031 exchanges, commercial and residential leasing, landlord and tenant matters, short term vacation rental regulations, title and due diligence review, easements, and homeowner association issues. In addition, her practice includes advising small businesses, forming new business entities, business purchases and sales, general business contracts, and trust and probate administration.

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Dov Treiman
Partner
Adam Leitman Bailey PC

Mr. Treiman is Chair of the firm’s Landlord-Tenant Civil Litigation Practice. As one of the leading authorities in the landlord-tenant bar, Mr. Treiman’s drafting of appellate briefs, legal documents and motions has increased the ability of the firm to garner better results for its clients. Mr. Treiman has written over 80 volumes on the subject of landlord-tenant law and has often been quoted as authority in decisions written by the various courts and by other legal commentators.

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Ted Papadopoulos
Member
AMPS Law

Mr. Papadopoulos focuses his practice in the representation of management companies and property owners in all landlord-tenant related matters, including clients’ needs during the development stages of new properties, acquisitions of existing residential developments, and new management takeover situations. He regularly advises landlords and property owners on how to avoid litigation and the expense(s) associated therewith. Mr. Papadopoulos has conducted lectures and seminars for MCLE, the National Apartment Association (NAA), and the Institute of Real Estate Managers (IREM), and he is local/Massachusetts counsel for the NAA and serves as the chair of REBA’s Residential Landlord/Tenant Section.

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Description

Vacation and other short-term rentals have become increasingly popular as businesses such as Airbnb and HomeAway connect hosts and guests online and provide an accessible platform to enter into short-term rental agreements. Airbnb now has over 12 million listings worldwide--with the U.S. being its largest market--impacting not only the hospitality industry but also the broader real estate market.

This growth has led to states and cities developing an increasing number of municipal regulations aimed explicitly at reining in the use of short-term rentals. Similarly, homeowners' associations, condo boards, co-op agreements, and other neighborhood organizations often restrict how properties can be used, including the prohibition of short-term renting.

Unlike typical lease agreements, which are more robust, agreements on sites like Airbnb occur after minimal due diligence, creating serious risks for landlords. Liability for short-term rentals usually falls to the owner of the property, even when the landlord has no idea that short-term rentals are occurring. Similarly, neighbors may also have legitimate grievances and claims against an owner when the property is used as a short-term rental. There can also be severe consequences for tenants. A tenant who sublets to Airbnb clients without the landlord's permission may violate the lease with the landlord or the government's rent regulations, which could result in the tenant's eviction.

Listen as our panel of experts in real property transactions discusses practical guidance on how to best address the issues and balance the interests of each party involved.

Outline

  1. Overview, history, and trends
  2. Considerations for landlords and tenants when entering into short-term rentals
  3. Regulatory restrictions on short-term rentals
  4. HOAs and other stakeholders
  5. Case law developments

Benefits

The panel will review these and other critical issues:

  • What are the practical benefits of short-term rentals?
  • What effects do short-term rentals have on real estate?
  • What regulatory regimes apply to these rentals?
  • What are the risks associated with such arrangements?
  • What are solutions to conflicts with HOAs, condo boards, co-op agreements, and other neighborhood organizations?
  • What are the enforcement difficulties and how can they be resolved?