Can I Airbnb My Apartment? [2025]

May 29, 2025
Yes, but it depends on your lease and local laws. Learn how to check if you're eligible to Airbnb your apartment and what steps to take before listing.

As rents soar across the country, many renters are looking for side hustles and asking the same question: “Can I Airbnb my apartment?”

The idea of renting out your unit while traveling—or even during the weekends—sounds like easy money to help ease your budget. But the legal realities and the content of your lease agreement may make it more complex.

Whether you want to earn a few hundred dollars as a part-time host or are aiming to replace your income with a full-time rental, here’s what every renter needs to know before listing their apartment on Airbnb.

Can I Legally Airbnb My Apartment?

“Can I rent my apartment on Airbnb?” Legally, it depends. Platforms like Airbnb make listing your apartment incredibly easy, but that doesn’t mean it’s legal or permitted in your lease.

Most rental agreements include clauses about subletting, guest policies, or commercial use of the space. If your lease or landlord doesn’t mention Airbnb or other vacation rental platforms by name, it likely still falls under the legal terms of a short-term rental or sublet and could violate your lease.

Even if your landlord doesn’t care what you do with your apartment or has minimal restrictions in your lease, local laws and building rules can hinder your ability to host.

Many cities, including Los Angeles, New York, and San Francisco, strictly prohibit or monitor short-term rentals. Their rules and regulations may limit the number of days you can host or ban the practice altogether. Some cities require official registration and permits.

Can You Legally Airbnb Your Apartment

How to Determine If You Can Airbnb Your Apartment

Listing your apartment on Airbnb for extra money is tempting, but not every rental is eligible for short-term hosting. Overlooking key restrictions could get you into legal or financial trouble.

There are several factors that determine whether you can legally Airbnb your apartment.

  • Your lease agreement: Most apartment leases prohibit subletting or using the unit for commercial purposes, including short-term vacation rentals.
  • Landlord permission: Even if your lease doesn’t explicitly mention Airbnb, you still need your landlord’s written approval to avoid problems.
  • Local zoning laws: City regulations vary widely and may prohibit or limit short-term rentals in apartment complexes.
  • HOA or building rules: If you rent from a private owner and live in a condo or co-op, the association may impose strict rules or ban Airbnb.
  • Short-term rental registration: Many cities require a permit, license, or registration number to list legally on Airbnb.
  • Rent-controlled units: Short-term rentals are frequently banned in rent-controlled or subsidized housing.

If any of these factors raise red flags, slow down and do more research. At minimum, you should speak directly with your landlord or local housing authority before moving forward.

How to Determine If You Can Airbnb Your Apartment

Cities Where Airbnb Is Allowed (and Where It’s Not)

Airbnb regulations are a work in progress and change frequently, so check your own city, even if it's not on this list. Here’s a general idea of what you might expect:

Airbnb-friendly cities (with some regulations):

  • Austin, Texas: Austin requires a short-term rental license, which may be denied, depending on current occupancy limits.
  • San Diego: You will need a Short-term Residential Occupancy (STRO) license and a Transient Occupancy Tax (TOT) number to list a property for rent for one to 30 days in San Diego.
  • Nashville, Tennessee: You will need a permit from the Metro Codes Department to rent a Nashville property on short-term rental websites.
  • Orlando, Florida: Short-term rental businesses in Orlando must register and pay an annual fee.

Cities with strict Airbnb laws:

  • New York City: New York requires registration, but there are also strict limitations on entire-unit rentals.
  • San Francisco: There is a 90-day cap per year on any non-hosted San Francisco rentals.
  • Los Angeles: You need to register your Airbnb, but hosting is capped at 120 days for unhosted listings in Los Angeles.
  • Chicago: Chicago has complex zoning laws as well as neighborhood-level restrictions.

Make sure to check the latest ordinances in your area, as these laws are subject to change. Start with your local government websites to learn more about short-term rental rules under housing or business licensing sections. In some cases, renting a room on Airbnb may be possible in these cities, but you may not be allowed to rent out your entire apartment.

What Is Airbnb Arbitrage?

Airbnb rental arbitrage is a business strategy where you lease a property long term and then sublet it on platforms like Airbnb for short-term stays, aiming to earn a profit from the difference. Instead of owning real estate, you manage someone else’s property—handling the listing, utilities, and other expenses. If this method is legal in your area and financially viable, it offers a way to run a short-term rental business without buying a home.

What Happens If You Airbnb Your Apartment Illegally?

Are you thinking about listing your apartment on Airbnb without permission? Violating your lease terms or local laws can lead to serious consequences:

  • Eviction or lease termination: Landlords can initiate eviction proceedings for unauthorized subletting.
  • Fines or legal action: Both your landlord and the local government may slap you with a fine for illegally renting your apartment on Airbnb.
  • Loss of security deposit: Violating your lease could directly result in losing your security deposit.
  • Airbnb account suspension: Repeatedly violating the rules and dealing with disputes could get you banned from hosting on the platform.
  • Increased scrutiny: Neighbors and property managers may grow suspicious about the strangers coming in and out of your apartment and report your listing.

What may seem like easy money can quickly turn into costly trouble—ignoring the rules isn’t worth the risk.

What Happens If You Airbnb Your Apartment Illegally

How to Get Permission to Airbnb Your Apartment

Figuring out how to put your apartment on Airbnb legally isn’t out of reach—you just need the proper permissions. The smartest approach is to proceed with caution and transparency.

  • Talk to your landlord honestly: Be upfront with your landlord about your plans and how you’ll minimize any disruptions or issues.
  • Compromise: If your landlord isn’t sold on the idea, ask about occasional hosting, limited nights, or guest screening measures. Some landlords may be more comfortable with you renting on Airbnb if you will be staying in the apartment at the same time.
  • Get it in writing: Even if your landlord seems completely open to your plans, always document approval to protect yourself from future disputes.
  • Follow local rules: Research city laws and zoning requirements, and remember to register your Airbnb with the city if needed.

How to Get Permission to Airbnb Your Apartment

Check Your Renters Insurance

Legal compliance is just one part of successful Airbnb arbitrage. You may need to update your renters insurance, as most policies don’t cover short-term rentals. If you don’t purchase additional coverage, you may have to rely on Airbnb’s Host Guarantee, which, though better than nothing, doesn’t necessarily protect you in all situations. It’s important to stay fully aware of the risks before listing your apartment.

How to List on Airbnb

If you’re all set on listing your apartment on Airbnb to earn extra money, you’ll need a captivating, eye-catching listing. Whether you're renting out a spare room or your entire unit, focus on creating an appealing and information-packed listing to attract guests and set the right expectations. Here's a quick guide to help you get started on the right foot to Airbnb an apartment.

  • Create an Airbnb account: Sign up or log in, then click “Airbnb your home” to get started.
  • Enter property details: Add key information like property type, number of guest capacity, amenities, and the precise location.
  • Upload quality photos: Use clean, well-lit images from multiple angles to show off your space. Investing in professional photos may be worthwhile in order to stand out from the competition.
  • Describe your amenities: Highlight standout features like high-speed Wi-Fi, private outdoor spaces, or complimentary streaming services.
  • Write a catchy title: Use clear, descriptive language that emphasizes your apartment’s best qualities.

Once your listing is live, you're officially in the short-term rental business! Stay on top of your calendar and keep the listing updated, respond promptly to guests, and keep your space sparkling clean to earn great reviews. You’ll also need a strong focus on customer service and hospitality to continue earning business.

Alternatives to Airbnb If You Can’t List Your Apartment

What if Airbnb or other short-term rental platforms aren’t an option for your situation? There are still ways to generate extra income or reduce your rent:

  • Long-term sublets: If your lease allows it, consider subletting your apartment for a few months while you travel or stay with family.
  • Swap homes while traveling: Platforms like HomeExchange allow free rental swaps, but you’ll still need to ask your landlord for permission.
  • Rent a spare room on a longer lease: Consider hosting a roommate on a month-to-month basis.

Each of these options still requires reviewing your lease and getting your landlord’s approval—but they could be an easier sell than listing on Airbnb.

Top Alternatives When You Can’t Use Airbnb

Final Thoughts

“So, can I Airbnb my apartment?”

It all depends on your lease, your landlord’s point of view, and local laws. The potential for nearly passive income is mouthwateringly appealing, but remember, the legal risks are real. For a lucrative and stress-free experience, make sure you’re fully in the clear before jumping into Airbnb.

Frequently Asked Questions

Can I Airbnb my apartment if I have roommates?

Maybe. Whether or not you can list your apartment on Airbnb will depend on your lease and your roommate agreement. Your roommates may need to approve any short-term renters. Even if you are legally able to list your apartment on Airbnb, consider whether or not your roommates want you to. Respect their decision or come up with a compromise.

Do I need permission from my landlord to list on Airbnb?

Yes. Unless your lease agreement says otherwise, you will need your landlord’s written permission to host your apartment on Airbnb legally. You should always get everything in writing from your landlord—never rely on a verbal agreement about using Airbnb.

Is Airbnb income legal for renters?

Yes, you can legally earn money on Airbnb, but only if your lease permits it. You also need to check that using Airbnb complies with all local ordinances and city and housing laws.

What happens if my landlord finds out I listed my apartment on Airbnb?

It’s a bad idea to list your apartment on Airbnb without your landlord’s permission. You could face eviction, lose your security deposit, and face legal consequences for violating your lease.

How can I use Airbnb without breaking the law?

It is possible to use Airbnb and earn money without breaking any laws. Get written permission from your landlord, check city and local regulations, and double-check your lease agreement. Some cities may also require you to register your Airbnb as part of the legal process of using the platform.

Can you get evicted for using Airbnb?

Yes. Listing your Airbnb without permission usually comes with serious consequences. Unauthorized listings are grounds for eviction in many lease agreements and city ordinances.

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Susan Finch
AUTHOR
Susan is an accomplished freelance writer whose passion for rental real estate, travel, and digital marketing has been the driving force behind her nearly 15-year career. Throughout her professional journey, Susan has become a seasoned veteran in creating compelling and informative content focused on the tenant/landlord relationship. Read More
Tristian Brown
SENIOR CONTENT ASSOCIATE
Tristian Brown is a Senior Content Marketing Associate at Apartment List, where he manages high-quality content that helps modern renters find the perfect home. He brings an immense wealth of knowledge to the team, having earned a Bachelor of Arts in Marketing and European Management from the University of San Diego and EM Strasbourg Business School. Read More

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