Real Estate

Aimco on legal war path, taking on Airbnb in Florida

Miami-Dade 11th Circuit Court dismissed Airbnb's motions to dismiss Aimco's case

The Apartment Investment and Management Company scored a win against Airbnb in Florida as the Miami-Dade 11th District Court threw out the short-term rental company's requests to dismiss the case.

Aimco has been on the war path against Airbnb, appealing cases it lost accusing Airbnb of knowingly promoting illegal short-term rental activity in Aimco communities.

"The court decisions this week allow us to continue with our case and affirm that Airbnb can be held accountable for the illegal short-term rental activities it knowingly promotes at our communities," Aimco Spokesperson Cindy Lempke said in a statement.

"Our residents deserve to know their neighbors and to live in a safe, peaceful environment without the disruption of transient vacationers whom Airbnb continues to send to our communities," she added.

The Florida court threw out Airbnb’s claim that the case be dismissed on the basis that a previous California federal court ruling should apply in Florida. The Florida court also denied Airbnb’s argument that the Communications Decency Act provides blanket immunity to Airbnb since the company is “involved in every step of the short-term rental process.”

Finally, the court upheld claims that Airbnb engaged in tortious interference with lease agreements; trespass and aiding and abetting trespass; and engaged in deceptive and unfair trade practices. The Court ordered injunctive relief to stop Airbnb from engaging in any short-term rental activity at Aimco properties.

This case is becoming a national issue for which Aimco’s case is the poster child. Recently, massive multifamily trade organizations National Apartment Association and National Multifamily Housing Council filed an amicus brief supporting Aimco’s claims against Airbnb saying that though open to the prospect of short-term rental activity in multifamily properties, the practice must be better regulated.

“At its core, our filing in this case simply comes down to the need to preserve property rights and maintain the ability to enforce resident lease’s," NMHC Vice President of Government Affairs Kevin Donnelly said in a statement. "To be clear, our industry remains open to short-term rental activities within our communities, but only so long as it is done so legally and with owner involvement and consent.”

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