City Audits for Non Payment of Transient Occupancy Taxes

Over the last year, I have received an influx of calls from clients who are being audited by the City for failure to pay their transient occupancy taxes for short term rentals conducted in their property. Many of these clients are being audited for non-payment of taxes going back to 2007 which can amount to tens of thousands of dollars …

City Attorney Declares Short Term Rentals Not Permitted in San Diego

On March 15, 2017,San Diego City Attorney Mara Elliott issued a memorandum of law declaring that short term vacation rentals in single family residences are not permitted under the Municipal Code. The basis for her position is that the City has a “permissive zoning ordinance” which means that if a particular use is not listed, it is not permitted. Currently …

Sharing Space by Ashley M. Peterson

Article Published in January 2017 edition of Los Angeles Lawyer Magazine To counteract the impact on long-term rental availability various jurisdictions are restricting the ability of homeowners and tenants to offer short-term vacation rentals. The concept of blindly renting a room, an apartment, or an entire house to a complete and utter stranger for a day, a week, a month …

Transient Occupancy Taxes – Do I Really Have to Pay Them?

Most cities in San Diego County, and throughout California, impose something called a “transient occupancy tax” (TOT) on “transients,” or persons who occupy a hotel, RV park, campsite or short term rental property for a period of less than 30 days. This TOT applies to short term vacation rentals under Airbnb, VRBO, and other similar sites. As an Airbnb host, …

No Assignment, Sublease…or Airbnb?

Airbnb is a new internet hosting platform being used by people worldwide to list their residential property, or a room, to short term guests or occupants in exchange for payment. What many landlords don’t know is that Airbnb does NOT restrict the use of the site to title owners of the property. This could potentially create problems for both landlords …

What Airbnb Hosts Should Know – (Podcast)

I had the privilege of being a guest on ESPN 1700 am Real Talk San Diego with host Lynette Braun on November 30, 2015. We discussed the issues facing Airbnb hosts, particularly when the host lives in a planned development governed by Homeowner Association rules and regulations. The segment of the podcast featuring this content is below. If you have …

HOAs vs Airbnb Hosts

Airbnb has become the new norm for short term and long term vacation rentals throughout the globe. In beach cities like San Diego, short term rentals under 30 days are particularly popular. Clients frequently contact me asking whether they are permitted to rent out a room in their home, or their entire home, to Airbnb guests, when they live in …