Can My Landlord List My Place On Airbnb While I Still Live Here
Location: California
I rent a 1 bed apartment in a small 6 unit building in CA. Been here a little over 2 years, always pay on time, pretty boring tenant honestly. My lease is a basic 1 year that went month to month, nothing in it about subletting or short term rentals. A couple weeks ago I started noticing random people in the hallway on weekends, dragging suitcases and asking where "the check in locker" is. I thought they had the wrong building. Then last Friday night there was loud knocking at my door around 10pm. I opened it in sweatpants and there is a couple with backpacks asking if this is "the cozy downtown studio from Airbnb" and if I am the host. They showed me the listing on their phone. It was 100 percent my unit. Same floor plan, same balcony view, even one of my own photos that I posted once on Instagram of my living room with my couch and bookshelf. The only thing blurred was some family pictures on the shelf. The listing said "host will meet you with keys" and had my exact address and unit number. The host name is my landlord, not me. I was so thrown off I just said they must have the wrong place, closed the door and then sat there shaking a bit.
The next morning I called and texted my landlord. At first he kind of laughed it off and said he had "been experimenting" with short term rentals in the building and that he "didnt think I would mind" because he only blocks off dates "when you are at work anyway." Except the couple the night before clearly had a whole weekend booked and I was absolutely at home. I told him I never gave permission for strangers to stay in my apartment, sleep in my bed, use my stuff, and that I was not ok with my personal photos being used in an advertisement. He said I was "overreacting," that he changes the sheets and "locks up anything important," and that the unit is technically his property so he can "use it creatively" as long as he is honoring my lease. I pointed out that the lease says I have exclusive possession of the unit and that he needs to give 24 hour notice to enter except emergencies. He brushed that off and said notice is "implied" because the calendar is on Airbnb. I did not even know this listing existed so I feel like thats nonsense. I checked the listing myself and there are already 5 reviews from people talking about their "stays" here over the last few months. That means he has been in my place while I was at work or out, changing things around and letting total strangers stay in my home without ever telling me. I dont know if they went through my drawers, took photos of my stuff, whatever. I feel super violated and honestly unsafe now. I started keeping my laptop and some personal documents in my trunk because I dont trust that nobody else will be in here when I am gone. When I told him that, he got annoyed and said if I "make a big deal" he will just non renew my tenancy and find someone "more flexible." My question is what my actual legal options are here. Can a landlord in California legally list an occupied unit on Airbnb without the tenants consent and let people stay there while the tenant is still under a lease. Is this some kind of illegal entry or constructive eviction situation that would let me break the lease and move without penalty. If I complain to the city or to Airbnb could that backfire on me. I am not trying to sue for a million dollars, I just want to know if I can either force him to stop this or get out of here clean. I am documenting everything and took screenshots of the listing with my furniture in it, but I am not sure what my next step should be or who to even report this to.
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