Does the Use of an Apartment as an Airbnb Rental Violate Rent Control Ordinances?

In Chen v. Kraft, the appellate division of the Los Angeles County Superior Court addressed whether an unlawful detainer defendant violated a rent stabilization ordinance by using her apartment as an Airbnb rental. In Chen, the defendant rented a one-bedroom apartment in Los Angeles from the plaintiff. The agreement provided that the unit would be occupied by the defendant and her two sons who visited on weekends. The landlord, plaintiff, filed an unlawful detainer action against the defendant alleging that she used the apartment for illegal purposes, including allowing subtenants through Airbnb. Plaintiff moved for summary judgment claiming that the defendant operated the unit as an illegal bed and breakfast or transient-occupancy facility. The trial court found in favor of the plaintiff. The appellate division of the Superior Court affirmed and found that the use of the apartment was illegal.

Shannon B. Jones, Partner, sbj@sbj-law.com