Tenant won't move

[Duke0]

Hi

The tenant rented my vacation rental for 45 days now the tenant won't move out. What can I do get the them out?

[Clare0]

Hi @Duke0 sounds like you might have a bad problem here.  Here's a link that might help.  After you read it you should contact Airbnb right away. 

https://www.airbnb.com/help/article/805/what-are-some-things-i-should-consider-before-hosting-long-t...

BTW, I lived in Eagle Rock for 20 years..went to Occidental and lived next door to ER High. 

Please keep us posted on how things turn out.  So sorry you have this situation!

[Nancy2]

Hi Duke,

Sorry to hear you are going through this.  Unfortunately California is very pro tenant which is anyone renting past 30 days.  Ernest in San Francisco went through this and I know he's written several posts about it previously.  Check for a landlord advocacy group in your area that might have ideas that would help you get him out, contact a lawyer to see what steps you need to take.  Wish you all the best.

[Regina0]

@Duke0, here's the number.  Hope it helps.

United States+1-415-800-5959 / +1-855-424-7262 (toll-free)

[Deborah8]

Wow .. i feel like ive just found the dark side of airbnb . This has to be everyones worst nightmare . I feel for you & hope you can resolve the situation quickly. Having read an article about this earlier I wont be offering 30 days stays anymore . I wonder of a cut off point to say 25 days would avoid this ever occuring again ? you`d at least have a few days to remove them & their belongings before they gained squatters rights ?

 If the guests need longer than they rebook via air b n b ( perhaps as a curtesy the host could pay or split the fees /)   Its just a thought . .... 

[Clare0]

The laws are different all over the world.  In California where Duke and I live guests staying past 30 days can turn into real problem.  I have a maximum stay of 21 days.  No extension.  Precisely to avoid this situation.  @Deborah8 you should find out what the law are where you live to see if it is wise to accept long term stays.  Read the link I sent to Duke as a start. 

[Deborah8]

thanks  Clare .. I guess Im getting past the " honeymoon period " * really learning how this thing can work . I definately need to keep learning and thank you for your sound advice 

best wishes 

Deborah 

[Cameron7]

I might have the same situation on my hands. The tenant has been there 21 days and has over stayed their booking. I have a new tenant scheduled to stay there in 2 days. How should I get them out? Call the police?

[Clare0]

@Cameron7 first I would contact Airbnb and give them a head's up about the situation.  I would also inform the guest that you are entitled to 2 times the average nightly fee the guest paid for the reservation for each 24 hour period they overstayed.  It is in the Terms of Service which everyone had to agree to on May 19.  Here it is in black and white in the Payments Terms of Service section:

"9. Overstaying without the Host’s Consent

If you as a Guest stay past the agreed upon checkout time without the Host’s consent, you agree that Airbnb Payments, in its role as limited collection agent for the Host, may charge any Payment Method(s) you have on file to collect, for each 24 hour period that the Guest stays over the agreed period without the Host’s consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave (collectively, “Additional Sums”). In addition, Airbnb Payments may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Guest’s Payment Method on file."

That should get their attention pretty quickly!

[Lizzie]

Hello @Duke0,

Thanks for your post, sorry to hear you are experiencing this difficult situation. Have you been in contact with Airbnb Support at all regarding this? They might be able to help with mediation in this matter.

[Deborah0]

This is a rare occurrence, but has happened a fair number of times with Airbnb guests.  For some reason, most of these squatter situations have been in California.  There was one in Palm Springs, one in San Francisco (Nancy referenced that one), one in Watsonville, one in San Diego, and also one in Texas, all within the last 2 years.  Probably more than those, but those are the ones I know about.  

Generally if a guest squats and refuses to leave in states/regions with tenant protection laws, you have to file a lawsuit (unlawful detainer suit) to get them out of your home, and this can take time.  HEre is a story where it took one man 274 days to get what seemed to have been a practiced scammer out of his home:  Squatter horror story

The fact that it can take so much work, and time and money to get someone out of your home, who is essentially scamming the system, makes me feel very strongly that "the system" needs to be fixed to prevent this.  These are not people who had signed a lease to live in the property in an ongoing way, and so they had no right to expect it to be their "home."  They were there for a very clear and definite short period of time, and I see no reason why the law would make it so difficult to get someone out in such a case.  One should not have to go to court to get such a person out, but unfortunately, that is the way the system works now. 

My hope is that AIrbnb would be able to cover the costs of any host who has to deal with this sort of problem.  Particularly since these problems occur rarely, I would think Airbnb could cover the costs in each case, through either the host insurance or host guarantee.