What is the difference between subletting and a short term vacation rental?

I rented a townhouse and in the lease it said “no subletting, assignment or transfer” of the agreement.It does not mention not allowing vacation rentals or short term rentals. I assumed if it was forbidden they would put that in the lease. the landlord heard I occationally rented out my place on vacaton rental by owner website and is evicting me and my family with 30 days notice. This has been very hard on us. I can’t find anything that says short term vacation renting is subletting.

Asked on June 7, 2012 under Real Estate Law, California


Janet Martin / Janet Martin Attorney at Law

Answered 8 years ago | Contributor

Short Term vacation rental is a type of subletting, it does not need to be that specifically spelled out. Many areas with home owners associations prohibit owners from any short term vacation rentals. That is probably how he found out, he is being fined in all liklihood. Regardless you are in breach and he is correct in calling you in default. A 30 day notice of termination for this default is proper in Calif. and it is probably spelled out in the lease. If however he did not comply with the lease provisions for default you would have some rights. Your best bet it to try and work it out with the landlord, like offering a percentage of the vacation rent, if that is allowed in his area. Or just stop doing it and agree to pay him a slightly higher rent for his troubles. Otherwise, you need to move on. The fact you are re-renting it higher than he is renting it to you has likely sooured the relationship.

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