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Airbnb rentals in condo buildings in New Jersey

Weehawken, NJ |

For the last 2 years I have owned a condo unit in the Weehawken area. Just when I was about to post my listing on airbnb and other sites, a neighbor (who was already listing on airbnb and making good money) got a cease and desist letter from the condo management saying she can't do it anymore because based on the governing documents of the condo association, rentals have to be a minimum of 6 months, and that the rental has to for the entire apartment, not just a room.

NYC is now allowing airbnb rentals again. Does that mean NJ will follow suit and allow it? Or am I stuck because my condo association does not permit short-term rentals? What would happen if I went ahead and did them?

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Attorney answers 2


It is not state law that governs what you can do with your condo as much as it is the building's master deed and bylaws. Therefore, what is allowed in NY has no bearing on what is allowed in your building in NJ.

I have recently done extensive research on this issue for a client and NJ courts have upheld such restrictions in almost all cases. Condo associations do not want their buildings appearing to be hotel-like; they want stability and a more home-like environment. The courts have said that these are valid goals of a condo community and have said that short-term rentals can be restricted.


To answer your question, what would happen is that you would probably receive a cease and desist letter once the association found out your unit was on Airbnb.

Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.

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