You may reduce your risks as an Airbnb host by creating a short-term rental agreement that works well for your vacation rental company. The host and visitors' rights and obligations should be included in the agreement. It should also include the leasing agreement's terms and conditions.
What Is a Rental Agreement for a Short Term?
When a property owner or manager and renter sign a short-term rental agreement, they're essentially saying that they agree to the rental terms. It's designed to be rented out for a limited time only (between 1 and 30 days).
The agreement must be by all applicable state laws and Airbnb's regulations. Short-term renters must produce a copy of the Lead-Based Paint Disclosure Form for properties constructed before 1978.
Airbnb's short-term rental agreement gives owners a second chance to make sure their visitors know the repercussions of breaking the rules. Most situations are covered under Airbnb's basic policy. It's also possible for hosts to fill up the gaps by signing a short-term rental agreement.
Guests should have a clear understanding of the terms of the rental agreement. Those who breach them should also be made aware of the consequences.
In the event of a visitor violating the terms of their stay, the host has the right to demand compensation from the guest. If a guest violates the property's standards or guidelines, you have the authority to immediately terminate their reservation.
How Long Can You Stay in a Short-Term Rental?
It is a good idea to utilize a short-term vacation rental agreement every time you rent your home to a new visitor since it helps outline the rights and duties of both the host and the guest. Using the agreement should not be based on the duration of your stay. If you're renting to friends or family for a short period, you may still use it.
You should only utilize a long-term lease agreement if you want to have a visitor stay for more than 30 days at your rental. An official month-to-month or fixed-term leasing agreement is required in this situation.
You may ask a visitor to sign a short-term rental agreement if you disclose the conditions before the booking. By citing the agreement in your property description, Airbnb suggests that you do this.
In addition, you should reiterate the conditions of the rental agreement in a conversation with your visitor.
Essential Elements of a Rental Agreement for a Short-Term Rental
As each property is unique, the provisions you should include in an agreement depend on the scenario. Short-term rental agreements should, nevertheless, include a few essentials.
In your vacation rental agreement, you'll want to include the following standard provisions:
1. The Rental Parties' Personal Information
Make a list of everyone staying at your house during the rental dates. Include each guest's complete name, current home address, and phone number on your invitation. Additionally, you may wish to provide the date your short-term leasing agreement goes into force, which is called the effective date.
2. Length of Rental
This is a crucial part of your short-term rental agreement to go through carefully before signing. The arrival and departure dates should be included in the contract. Before the arrival of visitors, you should change these dates and have them sign an amended short-term rental agreement.
3. The maximum number of people who may stay
Your property's maximum occupancy is the number of people allowed to stay there. Ensure that the applicable fire code rules support your maximum occupancy. Make sure that each visitor has a designated place to sleep.
If your visitors unexpectedly bring other guests to your home, this agreement provision safeguards you. It also imposes accountability on the guests if such unlawful visitors injure or destroy property.
4. Keys and Passwords
This section should outline the procedures for allowing visitors access to your premises. You should include this information in your rental agreement if you have a lockbox or other key policy for visitors to follow.
5. Rental Restrictions and Guidelines
Every vacation rental agreement should include this paragraph since it clearly outlines your home regulations. No-smoking and no-pet regulations are two possibilities for home rules and limits. Make sure to include any repercussions for breaching the rules in this area.
6. Deposit Security
If a visitor damages your property, a security deposit will cover the cost of repairs. Upon the visitor's departure, the host will reimburse the deposit to the guest if there are no problems. Check with other hosts in your region to see how much they charge for a security deposit before deciding how to charge yourself.
Many hosts add on additional costs. Make sure that any extra fees you collect outside of the rent and security deposit are clearly defined in terms of cost, purpose, and due dates.
If a visitor wishes to withdraw from the arrangement, this section should make it clear. In most cases, visitors are required to submit a written cancellation notice.
In this section, spell precisely what the cleaning price covers. You should also provide directions for your visitors to follow when they exit your premises.
10. Furniture and Amenities
It's important to provide a list of all the features in your rental home in this portion of the agreement. Be as specific as possible about the furnishings, bedding, television, and air conditioner; for example, if your visitors will be able to access any outside areas, state that as well.
11. Restrictions on Damages
It doesn't matter how properly you keep your property; accidents still happen. A limitation of liability provision may mitigate such scenarios. When a visitor suffers a loss while a short-term rental agreement exists, the host is only responsible for a certain amount.
To ensure that this provision is fair and well-written, it's a good idea to have it reviewed by an attorney. The following should be included in this section:
- For the visitor to file a claim against you, the host, it should include the statutory deadlines for doing so.
- Moreover, it should outline the losses each party agrees to reimburse without limit.
- Each party should entirely exclude any losses (specific losses that each party will not be liable for).
In any event, make sure you have insurance in place to don't end up footing the bill if anything goes wrong.
12. Violation of the Contract
Specify what will happen if either side breaks the agreement. If visitors violate the terms and conditions, you have the authority to evict them.
To comply with any local or state legislation changes, you should review and amend your Airbnb rental agreement regularly. This is a must-have if you want your agreement to stand up in court.
Keep in mind that Airbnb will not be able to assist you in enforcing any unique terms in your short-term rental agreement. As a result, if a problem arises, you should contact an attorney immediately. You'll very certainly have to go to court to resolve any contract disputes.