Whether you can Airbnb your apartment depends on your lease, local law, and your building's rules — not on the platform itself

Your lease almost always restricts short-term rentals. Most residential leases prohibit subletting or renting to anyone other than the named tenant, and Airbnb counts as both. Even if your lease doesn't mention Airbnb by name, a clause forbidding "commercial use" or "transient occupancy" will cover it. Your landlord can evict you for violating this, and you have no legal defense that the platform is popular or convenient.

Many cities and counties have also banned or heavily restricted short-term rentals in residential buildings. New York City, San Francisco, Los Angeles, and Washington DC all prohibit it or require owner-occupancy (meaning you must live there full-time). Some places allow it only if you live in the unit and rent out a spare room, not the whole apartment. Others cap the number of days per year or require a permit. A few have no restrictions at all. Your city's planning or housing department website will state the rule for your address.

Your building itself may have its own policy in the lease, bylaws, or house rules. Condos and co-ops often prohibit short-term rentals outright. Even if your city allows it and your lease is silent, the building can still ban it and enforce that ban against you.

Key Takeaways

  • Your residential lease almost certainly prohibits short-term rentals, and violating it can result in eviction.
  • Many cities ban Airbnb in residential buildings entirely, or allow it only if you live in the unit full-time.
  • Condo buildings and co-ops frequently prohibit short-term rentals in their bylaws, regardless of what your lease says.
  • You must check three separate documents: your lease, your city's zoning or housing code, and your building's rules.
  • Airbnb's terms of service do not override any of these — the platform cannot give you permission your landlord or city has denied.

What your lease actually says about renting out your apartment

Read the section titled "Subletting," "Assignment," "Occupancy," or "Use of Premises." Most leases say something like: "Tenant shall not sublet the premises or assign this lease without the prior written consent of Landlord." That sentence covers Airbnb. You are subletting when you rent the apartment to someone else for any period, and you need written permission first.

Some leases add: "Any subletting without consent is grounds for when ready termination." Others say consent "shall not be unreasonably withheld," which means your landlord must have a legitimate business reason to say no — but they can still say no. A few leases allow subletting with notice and a fee. The exact language matters, so read yours word for word. If you cannot find your lease, ask your landlord or property manager for a copy; they are required to provide one.

Even if your lease does not mention subletting, it likely prohibits "commercial use" or says the apartment is for "residential purposes only." Airbnb is commercial use. You are operating a business from the unit, taking payment, and offering a service to the public. That violates the lease regardless of whether the word "sublet" appears.

How city and county rules restrict short-term rentals

Most major cities have adopted rules that make residential Airbnb illegal or heavily conditional. New York City requires owner-occupancy: you must live in the unit as your primary residence, and you can rent out only a spare room for up to 30 days per year. San Francisco bans it entirely unless you own the building. Los Angeles allows it only in single-family homes and requires a permit. Washington DC prohibits it in buildings with more than four units.

Smaller cities vary widely. Some have no rules at all. Others cap short-term rentals at 90 days per year, require a license, or allow them only in owner-occupied buildings. A few ban them outright. Your city's planning department, zoning office, or housing authority maintains the current rule. Search "[your city] short-term rental ordinance" or call the planning department directly; they can tell you in one call whether it is allowed at your address.

These rules explore regardless of what your lease says. Even if your landlord gave you written permission to Airbnb, the city can still fine you and order you to stop. The city does not care about your private agreement with your landlord — it enforces the public law.

What condo buildings and co-ops typically prohibit

Condo and co-op buildings usually have bylaws or house rules that restrict or ban short-term rentals. These are separate from your lease and are binding on all residents. A condo's bylaws might say: "No unit shall be rented for a period of less than 30 days" or "Short-term rentals are prohibited." A co-op's proprietary lease (which you sign when you buy a share) often says the same thing.

If your building has such a rule, you cannot Airbnb no matter what your individual lease says or what the city allows. The building's board can fine you, place a lien on your unit, or in a co-op, force you to sell your share. Condo and co-op boards take this seriously because short-term rentals increase noise, turnover, and liability. Check your building's bylaws, house rules, or the proprietary lease. If you do not have a copy, your building's management office or board must provide one.

What happens if you Airbnb without permission

If your landlord discovers you are running an Airbnb, they can send you a notice to cure or quit — usually giving you 3 to 5 days to stop. If you do not stop, they can file for eviction. You will have a court date, but your defense is weak: you violated the lease, and the lease is clear. An eviction judgment will appear on your rental history and make it much harder to rent anywhere else.

If your city has a short-term rental ban, the city can fine you directly, even if your landlord does not act. Fines range from a few hundred dollars per violation to thousands, depending on the city. The city may also order the platform to remove your listing or report you to the platform, which can result in account suspension.

If you live in a condo or co-op, the building's board can fine you, place a lien on your unit (in a condo), or in a co-op, initiate a forced sale. These actions are separate from any action your landlord takes.

How to learn about you can legally Airbnb your apartment

Start with your lease. Read the subletting and use clauses carefully. If they prohibit short-term rentals or require written consent, you need permission from your landlord before you proceed. Contact your landlord or property manager in writing and ask: "May I rent out my apartment on Airbnb or a similar platform?" Get their answer in writing. If they say no, that is the end of it.

Next, check your city's rules. Go to your city's planning or housing department website and search for "short-term rental ordinance," "vacation rental," or "Airbnb." If the website is unclear, call the planning department and ask: "Are short-term rentals allowed in residential buildings at [your address]?" They will tell you yes, no, or "only if you meet these conditions." Write down the answer and any conditions.

If you live in a condo or co-op, review the bylaws or proprietary lease. Look for sections on "subletting," "rentals," "occupancy," or "use of unit." If you do not have a copy, request one from the building's management office or board. If the rules prohibit short-term rentals, you cannot do it.

Only if all three — your lease, your city, and your building — permit it should you consider listing your apartment. Even then, you may want to notify your landlord and building in writing that you are doing so, to avoid disputes later.

Alternatives if you cannot Airbnb your apartment

If your lease, city, or building prohibits short-term rentals, you have other options. You can rent out the apartment long-term (typically 12 months or more) if your lease allows subletting. Long-term rentals are almost never prohibited, and you can charge market rent. You will need to screen tenants, sign a sublease, and collect a security deposit, but the legal risk is much lower.

You can also ask your landlord for permission to Airbnb, even if the lease says no. Some landlords will agree if you offer to pay a higher rent, provide proof of insurance, or agree to a short trial period. Put any agreement in writing and have both parties sign it. This does not override city law, but it does protect you from eviction by your landlord.

If you own the building (rather than renting), the rules change. Owner-occupants can often Airbnb in cities that ban it for renters. Check your city's rules for owner-occupied buildings specifically.

Frequently Asked Questions

Does Airbnb's insurance cover me if I rent out my apartment?

Airbnb offers limited host protection, but it does not cover lease violations or city fines. Your landlord's insurance almost certainly excludes short-term rentals, so if a guest is injured or damages the apartment, you may not be covered. You would need a separate short-term rental insurance policy, which is expensive and often unavailable if your lease or city prohibits the rental.

What if my landlord says I can Airbnb but the city bans it?

Your landlord's permission does not override city law. The city can still fine you and order you to stop. You need permission from both your landlord and your city. If one says no, you cannot do it legally.

Can I Airbnb just one room in my apartment?

Some cities allow room rentals when they ban whole-apartment rentals, especially if you live in the unit full-time. Check your city's rule specifically for "room rentals" or "hosted rentals." Your lease may still prohibit it, so you must check both the lease and the city rule.

What if I list my apartment and the landlord finds out?

Your landlord can send you a notice to stop and then file for eviction if you do not comply. Eviction is fast — usually 30 to 60 days from notice to judgment — and will appear on your rental history. It is much cheaper and easier to ask permission first.

Can I hide my Airbnb listing so my landlord does not find out?

No. Guests leave reviews, photos, and check-in records. Neighbors notice strangers coming and going. Landlords search for listings regularly. The risk of discovery is high, and the consequences of being caught are eviction and a damaged rental record. It is not worth it.