Real Estate

4.68

Airbnb, Vrbo, and Other Short-Term Rental Legal Issues 2024

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 56 minutes
Clayton Preece
Richard Swor
Marcus Hodge
Chad Gallacher
Gregory Taube
Jillian Martins
With Clayton H. Preece from Smith Hartvigsen, PLLC + 5 others
Recorded February 20, 2024
Product ID 98017

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Overview

Your Short-Term Rental Legal Field Guide

Airbnbs and Vrbos rentals are creating numerous legal questions across the U.S. On one hand, they are generating local economic benefit, but on the other hand, their presence generates challenges for local municipalities. To compound things, they invite numerous legal liabilities, tax issues, and a maze of land use/zoning rules and regulations for the property owner. This concise yet comprehensive overview will provide legal clarity on so many of the issues you and your clients are scratching your heads about. Confidently navigate short-term rental issues - register today!

  • Take a close look at city zoning/land use restrictions and other limitations.
  • Identify issues surrounding owners of condos, co-ops, and planned developments.
  • Steer clear of liability concerns for short-term rental owners.
  • Review the fundamentals of what to include (and not include) in an agreement.
  • Explore the tax basics of short-term rentals and get tax planning tips for hosts.

Abbreviated Agenda

  1. Land Use Challenges
  2. Liability and Insurance Essentials
  3. Agreement Basics and Landlord-Tenant Issues
  4. Easements, Condos, Co-Ops, and PUDs: Use Restrictions and Other Issues
  5. Tax Considerations
  6. Legal Ethics
Product ID 98017

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Land Use Challenges

    1. Commercial vs. Residential
    2. Hosted, Unhosted, and Dedicated Rentals
    3. Short-Term Rental Ordinances: What Works and What Doesn't
    4. Enforcement
    5. Lessons From the Front Lines
  2. Liability and Insurance Essentials

    1. Premises Liability
    2. Theft and Property Damage
    3. Criminal Acts
    4. Electronic Surveillance and Privacy Violations
    5. Nuisance Violations
    6. The Host Guarantee/Host Protection Insurance
    7. Business vs. Homeowner's Insurance Policy
    8. Landlord or Rental Dwelling Policy and Renters Insurance
  3. Agreement Basics and Landlord-Tenant Issues

    1. Airbnb, Vrbo, and Short-Term Lease Agreements: What You Must Know
    2. Critical Considerations Outside of the Contract
    3. Applying the FHA and ADA to Short-Term Rentals
    4. Squatters and Evictions
  4. Easements, Condos, Co-Ops, and PUDs: Use Restrictions and Other Issues

  5. Tax Considerations

    1. Sales and/or Lodging Taxes
    2. Short-Term vs. Long-Term Rental Tax Issues
    3. Renting the Property vs. a Room
    4. When Will Rental Activity be Treated as a Business for Tax Purposes?
    5. Second Home Tax Considerations
    6. Deductions and Write-Offs
    7. IRS Form 1099
  6. Legal Ethics

    1. Disclosure Requirements
    2. Confidentiality
    3. Conflicts of Interest
    4. Dealing With Unrepresented Parties
    5. Multiple Party Representation

Who Should Attend

This program is designed for attorneys. Local government officials, real estate professionals, and paralegals may also benefit.

Speakers

Clayton H Preece
Clayton H.
Preece
Smith Hartvigsen, PLLC
Richard Swor
Richard
Swor
Husch Blackwell LLP
Marcus B Hodge
Marcus B.
Hodge
ASC Forensic, LLC
Chad M Gallacher
Chad M.
Gallacher
Maxwell & Morgan, P.C.
Gregory M Taube
Gregory M.
Taube
Nelson Mullins Riley & Scarborough, LLP
Jillian D Martins
Jillian D.
Martins
Cole Huber LLP
Speaker bio
Clayton H Preece

Clayton H. Preece

Smith Hartvigsen, PLLC
Clayton Preece

is an attorney with Smith Hartvigsen PLLC, where he represents individuals and businesses in a wide range of litigation matters, including business and construction disputes, products liability, natural resources, oil and gas, and covenants not to compete. Mr. Preece also has experience in settlement negotiations and mediation. He earned his B.A. degree from Utah Valley University and his J.D. degree from The George Washington University Law School. Mr. Preece is a member of the American Bar Association and Utah State Bar.

Speaker bio
Richard Swor

Richard Swor

Husch Blackwell LLP
Richard Swor

is an attorney with Husch Blackwell LLP. He is experienced with a variety of business disputes, and has a particular focus on property litigation, whether real or intellectual. Mr. Swor has represented clients in brand enforcement and trademark disputes, including at the Trademark Trial and Appeal Board (TTAB) in both inter partes and ex parte proceedings, and other intellectual property litigation. He is equally experienced with commercial real property litigation, particularly commercial landlord/tenant disputes. Mr. Swor earned his B.S. degree from Belmont University and his J.D. degree from Belmont University College of Law. He is a mentor for Belmont University College of Law American Inns of Court, and a member of the American Bar Association, Nashville Bar Association-Young Lawyers Division Board and the Tennessee Bar Association-LGBT Law Executive Council. Mr. Swor is admitted to practice in Tennessee, United States District Court for the Middle, Eastern and Western districts of Tennessee and United States Court of Appeals for the Sixth and Eleventh circuits.

Speaker bio
Marcus B Hodge

Marcus B. Hodge

ASC Forensic, LLC
Marcus Hodge

, CPA/ABV/CFF, MBA, CFE is the owner of ASC Forensic, LLC, with offices in Asheville, North Carolina and Spartanburg, South Carolina. He founded ASC Forensic, LLC in 2009 to provide forensic accounting, business valuation and business intelligence services throughout the United States. Mr. Hodge is a certified public accountant licensed in South Carolina and North Carolina, accredited in business valuation by the American Institute of Certified Public Accountants, certified in financial forensics by the American Institute of Certified Public Accountants, and certified by the Association of Certified Fraud Examiners as a certified fraud examiner. He earned his B.A. degree from Clemson University and his M.B.A. degree in accounting from Coastal Carolina University. Mr. Hodge is a member of the American Institute of Certified Public Accountants and the Association of Certified Fraud Examiners.

Speaker bio
Chad M Gallacher

Chad M. Gallacher

Maxwell & Morgan, P.C.
Chad Gallacher

is a shareholder at Maxwell & Morgan, P.C., and oversees the firm's appellate practice and client education services. He has successfully defended community associations as insurance defense counsel and has handled numerous assessment recovery and enforcement matters on behalf of his clients. Mr. Gallacher has also appeared before the Arizona State Board of Equalization regarding tax matters his clients have faced, and before the Department of Real Estate and Registrar of Contractors. He has successfully defended an appeal in the case of Laveen Meadows v. Mejia, which resulted in a published decision from the Arizona Court of Appeals in May of 2020. Mr. Gallacher has helped clients navigate the difficult circumstances involving embezzlement of community association funds by an employee and assisted to recover the stolen funds. He has extensive experience serving as general counsel for community associations and has assisted his clients to ensure compliance with complex governing documents and has guided his clients through the process of amending their governing documents. Mr. Gallacher served on the Education Committee for AACM (Arizona Association of Community Managers) for 10 years and teaches classes to community managers and board members. He earned his B.A. degree from Brigham Young University and his J.D. degree, cum laude, from Creighton University.

Speaker bio
Gregory M Taube

Gregory M. Taube

Nelson Mullins Riley & Scarborough, LLP
Gregory Taube

is a partner with the law firm of Nelson Mullins Riley & Scarborough, LLP in Atlanta. He practices in the areas of business litigation, bankruptcy and creditors' rights. Mr. Taube advocates for creditors and landlords in state and federal courts, including bankruptcy courts in Georgia and Alabama. He also regularly represents litigants in consumer finance litigation, contract and real estate disputes, franchise and distribution disputes, business torts, and other business litigation. Mr. Taube actively participates as a member of the American Bankruptcy Institute's Ethics and Professional Compensation Committee. He earned his B.A. degree from the University of South Alabama and his J.D. degree, summa cum laude, from the University of Alabama School of Law.

Speaker bio
Jillian D Martins

Jillian D. Martins

Cole Huber LLP
Jillian Martins

is a partner based in Cole Huber's Southern California office, where she currently serves as the assistant city attorney for the city of Indio. She advises on all aspects of municipal law issues involving zoning and land use, open government, and ethics (Brown Act, Public Records Act), contract formation and negotiation, drafting and amending ordinances, resolutions, parliamentary procedure, code interpretation, and employment policies. As a cooperative and innovative attorney, Ms. Martins excels in working with city staff and elected officials, crafting creative solutions to complex issues. She has offered expert advice to several cities on topics as diverse as local cannabis regulations, housing and commercial development, water use, conservation, and homelessness. Ms. Martins' assistance extends to a wide array of municipal legal issues that demand expertise in fields such as land use, real estate, contracts, construction, public utilities, information technology, CEQA, Proposition 218, and code drafting and enforcement. She earned her B.A. degree from California State University, Long Beach and her J.D. degree from University of California College of the Law, San Francisco (formerly UC Hastings). Ms. Martins is admitted to practice in California.

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