As the short term rental trend grows in popularity and continues to spread to more cities, more and more renters are profitting behind their property owners' backs. Property managers have a challenge on their hands identifying whether their properties are being misused. There's little strategy other than scouring sites like Airbnb and Roomorama. But, it's in the property manager's best interest to be aware if their properties are being rented as vacation rentals. Particularly in cities (like New York City) who have strict rules in place against short term rentals. The fact is, when your tenants are leasing your properties on a short-term basis without your knowledge, you become at risk of many things including fines and penalties, neighbor complaints, and property damage.

Software Advice, an Austin-based firm that provides free needs analysis for property managers seeking new software, recently caught up with a couple attorneys to create a list of possible lease amendments that landlords can include to protect themselves, while making Airbnb work for them, rather than just their tenant. Each amendment possibility includes sample language so it's clear what the clause indicates.

Here's what they suggested: 

1. Tenant bears liability for any fines or violations incurred.
2. Landlord will receive a set percentage of profits gained.
3. Tenant is required to provide written advance notice. 
4. Tenant agrees to purchase extra liability insurance. 
5. Tenant must pay an additional security deposit. 
6. Landlord shall be able to pre-screen STR tenants. 

The article provides specific examples of how each amendment can protect a property owner in the case their tenant(s) are renting their properties on sites like Airbnb. If it's a trend that's likely to continue, it provides an opportunity for landlords to reap the benefits while complying with local ordinances and standards. 

DISCLAIMER: The sample language is for illustration only, and should not be used until it has been reviewed and modified by your lawyer to conform with state and local law, and with the existing lease. Some of the sample language may be unenforceable or prohibited under the landlord-tenant laws of some states, or may subject the landlord to unexpected liability. The sample language assumes that the lease already requires the tenant to obtain the landlord’s written consent to any sublease.