To be or Airbnb: Examining the laws governing traditional models of accommodation in application to short-term rentals ("STR") and proposing a framework for STR regulation

• Main Authors: Guillermo, Krystel Marie G., Yap, Iris Hannah S.
• Format: text
• Language: English
• Published: Animo Repository 2020
• Subjects: Airbnb (Firm); Bed and breakfast accommodations—Law and legislation; Rental housing; Vacation rentals; Business Organizations Law; Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_masteral/6740
• Institution: De La Salle University

Short-term rentals are leases of accommodation for (30) days or less. Up until recently, short-term rentals have referred almost exclusively to hotels, bed and breakfast, or vacation house rentals. The introduction of and the increasing popularity of the sharing economy is contributing to the gradual shift of consumers from the traditional forms of accommodation, such as hotels, to resorting to short-term rentals of real estate entered into via online platforms (STR), like AirBnb. The sui generis nature of STRs allows individuals and enterprises to let out real estate properties in the same way as how hotels are operated, but outside the coverage of governmental regulation. The continued abuse of operating in this manner is causing an outcry from existing industry players, and likewise bring confusion to the parties of such transaction concerning their rights and liabilities. This Study threshes out the issue of the nature of short-term rental transactions by examining existing laws, rules, and jurisprudence, both local and foreign. The Study will then propose a framework for the government to address the issues brought about by this innovative sector