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Airbnb tenants are NOT entitled to 20 business days’ notice

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Q

Hi, do the same regulations apply to short-term/Airbnb letting as to long-term leases? Does short-term require specialised regulations? – Pamela

A

Hi Pamela, it should be kept in mind that there is a marked difference between long- and short-term letting, especially in respect of units that are let as holiday accommodation.


Here’s how to Airbnb your sectional title unit the right way


In respect of the latter category of rentals, certain statutory provisions that would ordinarily apply to long-term leases, such as section 14(2)(b)(ii) of the Consumer Protection Act, do not necessarily find application. In other words, certain statutory protections that would ordinarily be afforded to consumers (tenants) under the CPA, do not always apply.

For example, in the instance of a short-term lease that is concluded for a period of 30 days (alternatively on a month-to-month basis), the tenant would not be entitled to receive 20 business days’ notice to remedy his/her breach of a lease, prior to the landlord/owner becoming entitled to terminate the agreement. In that instance, it would be sufficient for the landlord to provide the tenant with an ordinary demand prior to cancellation.

The above would apply equally to instances where a unit is let as holiday accommodation on Airbnb.


Got a burning question? Email mariette@hometimes.co.za and we’ll be sure to assist you


Who is Marlon Shevelew?

Marlon Shevelew, director of Marlon Shevelew and Associates.

Marlon Shevelew, director of Marlon Shevelew and Associates.

Marlon Shevelew is the director of Marlon Shevelew and Associates Inc. a law firm specialising in rental property, contractual, consumer and company law. The firm is the recipient of more than 45 international property law awards. Marlon is current author of PayProp’s rental documentation and preferred rental property attorney to the Institute of Estate Agents South Africa (IEASA), the Rental Housing Tribunal Western Cape and presenter of the Advanced Residential Property Law Seminar endorsed by the University of Cape Town. Marlon has featured on Cape Talk 567 and Property Matters on DStv, contributes as a guest expert to several property publications and was invited by Juta to write a book on rental property law, by LexisNexis Butterworths to edit its forms and precedents on rental property law and, on no less than three occasions, was invited by the Law Society of South Africa to lecture and train candidate attorneys and attorneys on rental property law. Marlon also created the unique Rental Retainer ClubRentDoc  and LevyDoc which offers clients affordable legal fees for rental property and sectional title related matters. Marlon is contactable on marlon@marlonshevelew.co.za anytime for more information on these services.

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ungerermariette@gmail.com

Mariette Steynberg is a qualified economist with a post-graduate diploma in financial planning. She has enjoyed working on holistic financial plans for clients in various stages of life, as well as a development economist assessing the socioeconomic impacts of new developments. When she is not working, Mariette enjoys parenting her quirky, delightful toddler girl. Cloth diapering, Eskimo kisses and the importance of reading to your child are all causes close to her heart. Mariette is passionate about financial education and hopes to use the experience she has gained to share knowledge with HomeTimes’ readership. Her goal is to provide information that is implementable by everyone.

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