Is Home Swapping Legal?

Home swapping—when travelers stay in each other’s homes instead of a hotel or Airbnb—allows swappers to immerse themselves in local culture while enjoying the comforts of a real home. It’s an authentic and affordable way to travel the world.

At Kindred, we offer a trusted, members-only house swapping network of renters and homeowners. We use a give-to-get membership model: The more you host members in your home, the more you can stay in other members’ homes. You’ll earn credits for every night you host, which you can use to stay in other Kindred homes later.

Because home swapping is new to many, it’s common to have some questions. New members often wonder if their property is eligible for home swapping and what the rules are. Here, we’ll look at legal considerations and property requirements for home swappers.

Is home swapping legal?

Given the rise in Airbnb properties over the last decade, more and more cities are creating rules and ordinances for short-term rentals. This is because Airbnb rentals often hurt local communities. When investors purchase properties to rent out as Airbnbs, it drives up prices for locals because housing is scarcer, contributing to housing crises in many cities. 

Many potential Kindred members wonder if these rules apply to home swapping. Usually, the answer is no.

Importantly, Kindred members are never short-term renters. They don’t pay to stay in each other’s homes, making them more like house sitters or guests. Hosting a Kindred guest is like letting a family member stay at your place while you’re out of town. Because there’s no monetary exchange between members, using Kindred is not the same as listing your home on a short-term rental site like Airbnb or VRBO. Most jurisdictions consider home swapping and house sitting in primary residences distinct from renting or subletting. 

However, this can vary, and you should review any rules that apply to your property. More on that below.

How can I check the rules applying to my home?

We ask all Kindred members to review any applicable local regulations, HOA bylaws, and leases.

• Local regulations: If you’re unsure about your town’s rules, do some research. Start by checking your local government’s website. Cities may provide information about offering temporary accommodations, even for house swapping. Some areas may require a permit for short-term housing.
• HOA bylaws: If your property has a homeowners association (HOA), there may be guidance for overnight guests. Review the bylaws or contact your HOA to see if there are any rules about temporary home use or swaps.
• Lease agreements: Similar to HOAs, some leases have rules about the length of overnight guest stays. For example, some landlords may require you to obtain permission for extended stays. Just check your lease or ask your landlord if you need clarity. Our members typically find that landlords are comfortable with trusted houseguests so long as they aren’t subletting the home. If your landlord gives you any pushback, try offering the logic we shared earlier: Kindred members are just like friends or family crashing at your place.

What properties are allowed on Kindred?

At Kindred, we accept houses, apartments, and townhomes from renters and homeowners alike so long as the properties meet our criteria:

• Property requirements: This is our safety and legal checklist for Kindred homes. We require homes to have smoke detectors, carbon monoxide alarms, fire extinguishers, and locks. There can’t be any hazards, construction, or debris. Plus, every property must be owned or rented by the member listing it.
• Home standards: Kindred homes must be comfortable and well-furnished to be accepted. Homes need a full kitchen, a living area with seating, a double bed or larger, tasteful decor, and natural light. This requirement ensures properties are well equipped and supports our goal of offering real homes, not sterile rental properties.

And, of course, properties must comply with any third-party policies, as we covered above. Once you’ve checked all your legal boxes, apply to Kindred and start swapping!