Navigating Chametz Concerns in Airbnb Rentals During Pesach

Dear Rabbi, I am a property owner with listings on Airbnb, and I currently have a non-religious family staying in one of my properties. I am concerned about the potential for chametz being brought into my property. Could you please advise whether it is permissible for me to rent to them during this time? I appreciate your guidance. Thank you.

Thank you for your inquiry.
Your question provides an excellent opportunity to explore Jewish responsibilities concerning chametz (leavened bread) and the implications of property rental during Pesach (Passover).
As per Jewish law, one may not possess chametz during Pesach. This includes property one owns that might house chametz belonging to others. The Shulchan Aruch (Orach Chaim 443:2) states that if a person is storing chametz for another Jew, it is prohibited to keep it in one’s possession during Pesach. The chametz must be sold on behalf of the owner, or if that is not possible, it must be destroyed

The Shulchan Aruch (Orach Chaim 443:2) states that if a person is holding chametz for another Jew in his home, it is forbidden to retain it during Pesach. The chametz should either be sold on behalf of the owner or, if this is not possible, destroyed.
The Mishnah Berurah elaborates on this halacha in his commentary on the Shulchan Aruch, Orach Chaim, Laws of Passover, Clause 463, Section 2 "Even though he does not transgress by its presence, nevertheless, he must eliminate it so that the one who deposited it does not transgress, for all Israelites are responsible for each other [Bach and Magen Avraham]. The opinion of the Vilna Gaon is that there is a Torah obligation to eliminate it even though the chametz is not his, since the chametz is in his home and it belongs to an Israelite”.

We find two reasons in the Mishnah Berurah for why one must not only may, but must, destroy the chametz belonging to another Jew. The first reason is communal responsibility: we are obligated to prevent our fellow Jews from committing the sin of possessing chametz during Pesach. This rationale, however, does not apply in the case of a non-religious family, as this mutual responsibility typically extends only to those who themselves adhere to religious observances. Therefore, if the chametz owner is non-religious,like in your case then this particular obligation does not apply and one does not bear responsibility.
However, the Mishnah Berurah provides a second reason: based on the opinion of Rashi (tractate pesachim 4b) that the mitzvah (commandment) of destroying chametz is not limited to one's own possessions but extends to any chametz belonging to another Jew that is under one's control. This implies that having chametz in your possession that belongs to any Jew, regardless of their level of observance, should be forbidden according to Jewish law. According to this one would be responsible not to have chametz in here possession at all.
In your situation, it could be argued that renting out the property might constitute a relinquishment of ownership. This aspect would need further clarification.
In the Talmud, tractate Bava Metzia (page: 101,b) discusses the legal framework of property rental. It introduces the principle "שכירות לא קניה" (s'chirus lo kanya), which means that renting out a property does not transfer ownership. The renter does not gain ownership rights over the property. For example, if a landlord's own house were to collapse, leaving him without a residence, he is entitled to reclaim his rented property. He can evict the tenant by asserting his primary right to the property, stating his urgent need for a place to live.
This principle, "שכירות לא קניה" (s'chirus lo kanya), implies that during a rental, the original owner retains ownership. Consequently, if chametz owned by a tenant is found on the property during Pesach, it could be considered as if the landlord possesses chametz because he maintains ownership of the property.  We find the Mishnah Berura (Siman 450.3) writes to adhere to this opinion lechumrah.

However one can be lenient since there are other Rishonim like the Meiri and the Chidushei Haran (Tractae pesachim page 4). who hold that one is not obligated to destroy the chametz of another Jew.

So le’halacha you keep the renters there over Pesach.

Wishing you a kosher and happy Passover.

1. Shulchan Aruch, Orach Chaim 443:2
2. Mishnah Berurah, Commentary on Shulchan Aruch, Orach Chaim, Laws of Passover, Clause 463, Section 2
3. Talmud, Tractate Bava Metzia, Page 101b 
4. Rosh, Mesechet Avoda Zara, Siman 22