If you rent out a Massachusetts property on a short-term rental basis, things have changed. New insurance laws apply to Massachusetts homeowners that rent out their home on a temporary basis. These laws may require you to change your homeowners insurance. Read on for what’s changing, how it affects you and your Massachusetts property, and what you can do about it.
What Laws Apply to Insurance for Short-Term Rentals in Massachusetts?
Governor Charlie Baker signed into law Chapter 337 (2018), regulating temporary rental and short-term rental properties in the Commonwealth of Massachusetts. Let’s start with a quick overview of the law and then go into depth about the insurance impacts and what you need to do.
The Massachusetts Definition of Short-Term Rental
What is a Short-Term Rental? Basically, you’re a short-term rental and subject to the new law if you rent your house (or a portion of your house) for just 1 day or more in a 5 month period. However, you’re excluded if you’re renting the room out intentionally for more than 31 consecutive days to the same occupant (which covers most residential full-time rent/lease situations).
If that’s you or someone you know, read on!
What the Law Does
In short, the law does this:
- Creates a database of properties being used for Short-Term Rental
- Requires you to register with the state if you intend to use your home for Short-Term Rental
- Requires you to collect excise tax from your renters
- Allows for the state to require hosting platforms (Airbnb, VRBO, etc.) to provide reporting to the state on rental activity
- Allows local municipalities to generally regulate and tax Short-Term Rentals
- Allows local municipalities to require inspections and apply code and zoning enforcement
- Requires you to post certain safety data (emergency exits, location of fire extinguishers, etc.)
- Applies new insurance requirements for any property being used for Short-Term Rental
Yup! But don’t worry, I’ll make it easy to understand.
Trying to decide if you want to rent your property at all? Start with our article about how to setup your house to be a rental property.
The insurance portion of the law requires you do a few things as the owner:
- You must carry a minimum of $1,000,000 in liability coverage (yes that’s $1 million) that will defend you and any tenants or owners from bodily injury or property damage arising from the short-term rental. Or in more general terms, you must carry $1mil in liability insurance to protect you if your renter sues you for injury or damage. The exception is if the hosting platform (Airbnb, VRBO, etc.) maintains equal or greater coverage already.
- You must provide notice to your homeowners or renters insurance company of your intent to use the property for short-term rental. More on that below and yes this may cause problems with your insurance coverage.
- The law specifically allows your homeowners insurance company to exclude coverage for short-term rentals. This isn’t a change per se but it is worth noting that they actually took the time to write it into the law.
A Personal Invitation
Before I get into some FAQ’s for homeowners that rent out their place, I want to extend an offer . . . I would love to chat with you about your properties and answer any insurance related questions you might have. No fees, no strings attached. It’s amazing how much peace of mind can come from a short phone call! Feel free to call or drop a contact request note to me by clicking here.
Homeowner FAQ’s About Short-Term Rental Insurance
Maybe but likely not. How home insurance companies handle short-term rental insurance varies widely. Some companies specifically exclude coverage for short-term rentals, others offer limited coverage or limit the number of days you can rent the property each year. Many standard insurance companies simply won’t insure a short-term rental property.
It really depends on how much you’ll be renting your home out. If it’s for a few days a year, there’s a good chance your agent can find a standard insurance company that will write your home and short-term rental insurance on a homeowners policy. If you’re talking about a couple of weeks a year, that’s starting to stretch but your agent may have standard home insurance companies available. More than a month a year and you’re probably going to have to look at an insurance company that fully accepts short-term rental use. These policies tend to be more expensive but have little or no restrictions on rental activity. Work with your agent to find the right coverage package and value for your unique situation.
Coastal properties have more limited options than those inland. But home insurance is still available, even for properties that are being rented frequently. Again, work with your agent to find the right fit for your unique needs.
Maybe. However, the last time I contacted the FAIR Plan underwriting department I was told that they would accept a property that is rented no more than 30 days a year, and that they won’t write an insurance policy on a property being rented more frequently than that.
Absolutely. Regardless of how you arrange your rentals . . . Airbnb, VRBO, Craigslist, to a friend, directly to family, or via singing telegrams . . . If your rental meets the definition of ‘short-term rental’ then you’re subject to the law.
Likely yes. As long as their policy meets the criteria set by the state, you should be okay for compliance. You can read more about that on the Mass state website. That said, instead of relying on a 3rd party, it’s a good idea to carry your own liability coverage.
Yes. Yes you do. The law is clear that you must notify your homeowners insurance company of your intent to rent the property out on a temporary basis (as defined in the law). It’s important to note that it’s required for mere intent, meaning you must tell your insurance company what you’re planning BEFORE you actually rent out the property.
Yes they do. An insurance agent is contractually obligated to notify the company of any material change in the risk (e.g. your new rental plans).
The first step is to call your agent and explain how you’re using or renting your property. Your agent will work with you and their insurance carriers (companies) to find the right fit for you. And of course Safford Insurance is always happy to help as well. If you’d like to chat please give us a call at 774-847-1106 or use the contact form below and we’ll happily get in touch with you.
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