Denver Airbnb Laws

Airbnb is a company that allows travelers to book stays online in properties owned by private individuals or businesses, rather than a hotel or motel. Bookings through Airbnb are consider a short term lease, which is often regulated far less than a typical rental or lease. Unfortunately, the lack of regulation has made these locations sometimes less safe than traditional lodgings. Since the start of Airbnb, there has been controversies around dangerous premises, property liability concerns and public nuisances. Denver, Colorado, like many other cities, has specific regulations governing short-term rentals, including those listed on platforms like Airbnb. To ensure compliance and safety, it’s crucial for both hosts and guests to understand Denver Airbnb laws thoroughly.

Licensing Requirements for Short-Term Rentals in Denver, Colorado

In 2016, the Denver City Council implemented an ordinance mandating licensing for all short-term rental properties, including those on Airbnb. Key requirements include:

• License Obligation: Property owners must obtain a valid license and display the license number on all rental advertisements.
• Primary Residence: The rented property must be the host’s primary residence.
• Safety and Compliance: Hosts must adhere to safety, zoning, and insurance regulations set forth by the city.

Application Process and Verification

To start an Airbnb in Denver, individuals must submit a license application to the Denver Department of Excise and Licenses. The department verifies that the property listed is indeed the applicant’s primary residence and ensures compliance with all relevant laws and regulations. That includes confirming sufficient insurance on the property and adherence to safety requirements.

Safety Requirements for Short-Term Rentals

Denver mandates certain safety measures for short-term rentals, including:

• Installation of functioning smoke detectors, carbon monoxide detectors, and fire extinguishers.
• Compliance with all local and state laws.
• Purchase of fire, hazard, and liability insurance.

Failure to meet these requirements can lead to significant fines for property owners. Airbnb itself can face fines up to $1,000 per day for illegal listings on its platform.

Premises Liability Laws in Colorado

Beyond Denver’s regulations, property owners renting through Airbnb must also adhere to Colorado’s premises liability laws. These laws hold property owners responsible for maintaining safe premises and addressing any hazards promptly. Property owners have differing duties to other people based upon the type of property and how it is used. For homes converted to business purposes through Airbnb and other platforms, the owner must check the property for hazards, repair discovered defects and warn visitors of possible safety risks.

A property owner who fails to meet these legal duties may be held financially liable for related injuries through an insurance claim or personal injury lawsuit. Airbnb renters are invitees, so under Colorado law, they are owed the highest duty of care by the property owner. If the owner fails to satisfy their duty to renters and their guests, the owner may be liable for an accident or injury on the premises.

Airbnb Host Protection Insurance

Property owners in Colorado typically rely on their homeowners or renters insurance policies to cover liability in case of accidents. Additionally, Airbnb provides Host Protection Insurance, offering up to $1 million in coverage for guest injuries or property damage during a rental.

Airbnb’s host protection insurance covers premises liability claims against a listed property. The insurance will assist paying for medical bills and other losses attributed to the bodily injury. Like all insurance policies, the insurer has a financial incentive to avoid paying claims. An injury victim may need to hire a personal injury attorney in Denver to pursue full and fair compensation from the insurance companies involved, the property owner, or Airbnb.

I was hurt at an Airbnb property in Denver. Can I recover compensation for my injuries?

If you’ve sustained injuries while staying at an Airbnb in Denver due to the host’s negligence, you may be eligible for compensation. Proving negligence and recovering damages typically involves demonstrating:

• The host’s duty of care towards guests’ safety.
• Breach of duty, such as failure to address known hazards.
• Causation, establishing a direct link between negligence and the injury.
• Damages incurred, including medical bills and lost wages.

To win an Airbnb injury claim or lawsuit in Denver, you must prove through evidence that the premises owner had actual or constructive knowledge of the dangerous condition that caused your injury. The host’s failure to discover, fix, or warn of a dangerous condition on the property must have caused or significantly contributed to your accident or injury.

As a result of your injury, you may be able to recover damages like other personal injury cases. That can include medical bills, lost wages, pain and suffering, loss of enjoyment of life, lost economic opportunity, out of pocket expenses and other economic and non-economic damages caused by the injury or accident.

Who is liable for my injuries?

Liability for Airbnb accidents in Denver hinges on various factors, including licensing status and insurance coverage. Victims may pursue compensation through insurance claims or, if necessary, legal action against the property owner. In the aftermath of a premises-related accident, the host and insurance companies may point the finger at each other to avoid financial liability for your damages. They will likely challenge your claim and whether legal liability exists. Hiring an experienced personal injury attorney can help you navigate these complicated issues and allow you to focus on your medical care while your attorney addresses the legal and insurance issues.

If you’ve been injured in an Airbnb accident, it’s essential to seek legal guidance promptly. The experienced personal injury attorneys at Front Range Injury Attorneys can assess your case, advocate for your rights, and pursue fair compensation on your behalf. Don’t hesitate to contact us for a free consultation and take the necessary steps to protect your rights as an Airbnb guest in Denver.