Guest Refuses to Leave

[Dan157]

Hi Folks,

I am having problems with a guest, who booked a week's stay at my house. After staying the week, she indicated that she would like to continue for another month or so. However, when she went to rebook, her payment failed and she started begging and pleading to allow me to let her stay and she will come up with the money in another week. This continued until a week later when her payment again failed. This time I asked her to leave. When I checked up on the place two weeks later, she was still there and claimed to be visiting one of the other guests. What can I legally do to make sure she leaves?

Thanks for any help.

[Mark26]

Call the police.  She is Defrauding an Innkeeper. Get her out NOW. 

[Marsha39]

 This did not work for me after a guest disrespected me and pushed me around my own house. The police said that they could not get them out because they had residency. It meant going through the court system or what not.

[Jesse699]

@Marsha39 I got the same problem 

[Lisa9820]

@Marsha39 But you have to say how long the guest stayed because residency is only established after staying 30 days. Was your guest there for 30 days? 

[Mark26]

Oh Dear God...  Are you telling us that she's been there for more than a month?  She's no longer a guest... She's no longer defrauding an inkeeper... She's now established herself as a tenant, with tenant's rights.  I'm not an attorney... and I no longer live in California... but you've got your work cut out for you.  If I recall correctly, you'll need to serve her with a three day notice to quit (Get The Hell Out).... You'll need to pay someone to deliver it to her in person, and certify that it has been delivered.  After three days you'll need to take her to court, and get an eviction notice.  It could take MONTHS... and you're not getting paid while you work through the legal system to get her out.

I'm so sorry for you. 

[Wendy-and-Frank0]

http://www.sandiegoreader.com/news/2015/sep/09/feature-when-your-airbnb-guest-wont-leave/#

Because you're in California, you're going to have a bit of a battle on your hands.

Yet another reason why I change the passcode after every guest's checkout date.  I'm not telling you to change the locks because that could create a whole new set of problems.

Find out if she's receiving mail at your address.  If so, she's smart and is trying to establish residency.

She knows the system and is gaming it.

[Zacharias0]

Wait, this lady has been staying in your place for 4 WEEKS for FREE!?!? Sorry this happened to you, but come on. Common sense says to bust down the door, grab her things and throw her out. I would do exactly that if I was in your shoes.  The cops and judges can say what they like, but at least the free loader isn't in your house. She hasn't signed a lease and theres no record of how long she's even been there except for the week she paid for. Heck we aren't even given the first and last name, mailing address or a email address of our guests. She can say she's been there over 30 days, but with no proof of payment shes just trespassing and squatting on your property at this point and who's to say you need to be legal in this situation? It happens all over Vegas and the cops come and kick the people out.

Hosts really have to be more vigilant when it comes to collecting payment and following up with guests who want to extend their stay. Letting a day or god forbid an ENTIRE week  go by with no follow up for payment is not a good idea. Think of yourself as a landlord, if that rent is 3 days late fees are already being assessed (which we can't process with AirBnB) and the eviction notice is coming before week two. Auto loans work the same way: if that car payment is late you can expect a call within 72 hours and that car towed in 1 week if no payment is received. If you think AirBnB is going to help they would have helped by now.

[Marsha39]

By law, you can't take her things and throw her out, either. 😞 
I have learned the hard way. I am even appalled that their bad reviews can affect my Superhost status.

[Cory-and-Carissa0]

4

[Angie178]

HI Marsha, can you tell me what happened to you when you throw out someones things? Just curious. Did this happen to a short term or long term guest and did the city come after you for that? I am very interested to know as one of my biggest fear in renting is squatters.

[Sean903]

I am also from Toronto, Canada. If the guest has stayed more than 1 month (established tenancy as per Ontario law) and you still throw their things out, the tenant can call the police and the police can charge you.   The exact charge/fine, I am not sure, check with the Landlord Tenant Board of Ontario.

I would advise you against renting out long term, longer than 1 month; Because the eviction process can take months/a year, with the laws of Ontario being on the side of the tenants and the process being extremely slow (due to the long queue of cases).

[Dan11470]

What did you do???

[Sean903]

If it was before their 1 month of stay (establishing residency); then you could have taken her things and thrown them out.    

But now that she has established residency/tenancy, you cannot throw her things out. 

[Wendy-and-Frank0]

@Dan157,

I'm confused.  You thought she had left because her payment kept failing but you didn't go back for a couple of weeks.  Do you go to your properties as soon as guests check out to clean?