Airbnb Settles Lawsuit With Major Landlord

By Lisa M. Schaffer, Esq. on December 14, 2018 | Last updated on March 21, 2019

Just days before the trial was to start, Apartment Investment and Management Company (Aimco) and Airbnb settled their pending lawsuit in Florida state court. Specific causes of action included tortious interference with lease agreements, trespass and aiding and abetting trespass, and deceptive and unfair trade practices. Terms of the deal were not disclosed, but both sides appear to be content with the settlement, and possibly willing to look for ways in which they can work together.

Aimco Not Interested in Having Strangers Taint Their "Peaceful Community"

At the heart of the lawsuit, brought by Aimco in February 2017, was that Airbnb was posting Aimco residences located at three of its Miami Beach locations for short term rent that Airbnb knew were illegal sublets. Thus, Airbnb was responsible for bringing in people with "unvetted personal histories" that had "no vested interest in maintaining a peaceful community atmosphere." According to Aimco, Airbnb renters disrupted the harmony and safety of their tenants, which Aimco had worked hard to secure. Aimco claimed after Airbnb rentals began at their Miami properties, existing tenants wanted to break their leases because they no longer felt safe. Aimco was suing to force Airbnb to remove the listings and pay punitive damages for the listings.

Florida Not Following Left Coast Law

Perhaps Airbnb saw the writing on the wall after their motion to dismiss the case in July 2018 failed, and the Florida court stated that it did not feel the need to follow California caselaw, which had given Airbnb a favorable ruling earlier this year. "The parties believe the settlement is in both sides' best interests," they wrote in a joint statement. "Aimco believes that the parties' agreement provides Aimco with the ability to control short-term rental activity consistent with its contract and property rights. As part of the settlement, Aimco and Airbnb have agreed to meet to discuss opportunities in the multifamily housing industry."

If you have had issues with Airbnb, whether you would like to keep users out of your properties, or you would like to get users into your property, contact a real estate attorney. States are clearly choosing to go different ways on this hot topic, and a seasoned legal adviser can best instruct you on current law in your area and best ways to go about getting the desired result you seek.

Related Resources:

Copied to clipboard