Cancellation of Stay and Eviction

Evan1145
Level 1
Manteo, NC

Cancellation of Stay and Eviction

Hello all, this is my first-year hosting and I recently had an experience with my Airbnb that I would like to share in case it can help anyone else in the future. The process of having guests removed who are unwilling or unresponsive is more difficult than you think and my hope is that this will give you an idea of the steps you need to take.

 

We recently had several issues with a guest (I will spare you from the long back story and disgusting acts) and their reservation at our place was cancelled by Airbnb. This was sent to them via the app, and I also sent them a message stating their reservation was cancelled and they needed to vacate the property, or I would have to escalate the situation by having the authorities involved. I received no response from them over the next few hours.

 

Before contacting the police, I contacted Airbnb, who stated they would contact the guest again. Therefore, I was forced to call the authorities to have them evicted. I am not sure if it is the same in other areas but the sheriff's office would not do anything unless a proper eviction notice was sent from Airbnb. Airbnb WILL NOT PROVIDE AN EVICTION NOTICE AT ALL. Instead, they sent me a link to send to the police if I wished to file a complaint or charges, which could not be accessed by the deputy I spoke with. Now I am stuck with unwanted and unresponsive guests in my place with nobody able to help.

 

It was late, the guests were highly intoxicated, and I did not want to have a confrontation, so I waited until the next morning and again asked them to leave and they did. The following is what I really want people to know so you are not in the dark as I was: if they refused to leave, the process (in NC) is they have to have 4 hours' notice (oral or letter on the door), then contact the civil magistrate's office to file a complaint. The sheriff's office then has to serve them the complaint, and there will to be a hearing within 12-24 hours to determine how it proceeds.

 

As you can tell this is a drawn-out process in which case you really have to be your own advocate. Luckily my experience did not have to go this far, and I hope nobody else's does. However, I highly suggest you contact Airbnb first to document all of the issues and have their consent to cancel the reservation. DOCUMENT EVERYTHING! Messages with guests/Airbnb, photos/videos, case numbers, etc. 

 

I was very appreciative of Airbnb's concern about my safety, but I was highly disappointed in how they handled this situation. They say they are there for you but when you needed them most all they said was sorry we will reach out to them again and offered was a hotel room away from my home, where I should feel the most comfortable.

 

I hope this helps and please comment on this thread if I am wrong or you have a better understanding. I would like this to be a resource for future hosts.

1 Reply 1
Enri1804
Level 10
North Topsail Beach, NC

Thanks for posting this @Evan1145  ! I posed this question a while back, wondering if anyone had to go through it like you did. We knew about the NC law for Vacation Renters evictions but haven’t had to do it yet. We use the NC agreement under our House Rules to help reduce the chances of having to do an eviction, but I still get guests taking advantage or breaking rules.  Airbnb doesn’t let us post links otherwise I would share the link of the NC Vacation Rental Act. 
How’s Manteo after Erin? Would also love to hear your thoughts on my post on the New Anti- Human Trafficking law regulation for us. 

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