Over 28 nights do guests become legal tenants?

[Melissa280]

In Portland, Oregon and San Francisco there's law that states when someone occupies a dwelling for over a month (this could be construed as over 28 nights) they automatically become tenants. Which means they have all the rights and protections that tenants have as far as how long they could stay in the dwelling as a squatter not paying "rent" until they are served with an eviction notice, which can take months. 

Airbnb keeps pushing me to accept stays over 28 nights, but then are they technically outside of the jurisdiction of Airbnb's insurance protections and become tenants subject to our local laws? 

This is what found online: "Typically, if a guest lawfully stays on the premises for more than 30 consecutive days, they acquire the legal rights as tenants (depending on the Airbnb regulations of your state). The landlord cannot do things like cutting off the power or changing the locks since it is against the law."

https://www.cnet.com/culture/airbnb-guest-stays-30-days-gets-tenants-rights/

[Pat271]

@Melissa280  Yes, this is true in most states. That’s why it is imperative to draw up a lease, collect a security deposit, and do proper vetting by performing background checks and credit checks for stays of 28 days or longer. Handle the guest exactly as you would a long-term tenant.

[Pam116]

@Pat271 do you have a good example of a lease to be used if we convert to Long Term Stays?  Also, within the airbnb platform is the security deposit collected in the booking as a fee and then reimbursed via the resolution center?  Thank you.

[Pat271]

@Pam116   Each state has a lease template appropriate for that state, and it’s important that you use the correct one. There are lease templates for all the states at FurnishedFinder, but there is a charge for them there. You can probably find a free one appropriate for your state with a simple online search.

The Airbnb security deposit is notional - it isn’t actually collected at booking time. Here is a write up from Airbnb on this topic:

https://www.airbnb.com/help/article/140

I feel I should mention that quite a few hosts in this community have had problems collecting on this “deposit”, especially if the guest denies the damage and/or refuses to pay. I don’t recommend submitting a claim unless the damage is obvious, substantial, and provable.

You can collect a security deposit outside of Airbnb under certain circumstances. Details about that are here:

https://www.airbnb.com/help/article/2827

[Pam116]

@Pat271 Thank you for this information.  I have not yet found a template for my state but I will keep looking and also give a look on furnishedfinder.  Our cleaning service is great about providing photos as proof but on longer stays we are not certain yet whether or not we will require a mid month linen change or something along those lines.  I agree, even when proof is available it has sometimes been difficult to get payment for damage.

[Lorna170]

@Melissa280   Yes, the guest can EASILY become a tenant if they stay for more than the number of days required (i.e., 28+).  YES, you are then subject to the laws of your state/municipality and AirBnB will probably not assist you in the event of a need for eviction.  Know also that AirBnB will simply cancel the guest's online reservation if they fail to make the second month's payment -- they will NOT swing by the accommodation and help you get the guest out.

[Kitty-and-Creek0]

@Melissa280 

This is true in many states. Evicting someone is an enormous hassle, and a rent free situation. It would be prudent for hosts to research local and state laws before taking on a long term guest who could thus become a tenant. Tenants Rights are enforceable. In the situation of a home share, a host could thus acquire a housemate. 

[Kathleen710]

Check with your laws.  I was told by my local police department that if they are paying occupancy taxes that it’s treated the same way as a hotel or motel and the police have the right to make them leave or arrest them for trespassing.

[Andrea-and-Glenn0]

@Kathleen710  You are absolutely correct and the same applies here. Our business would be treated exactly like any other business in our area with a trespasser or guest who would not vacate for the next guest. 

It is also best to also know your local, State, Provincial, County, District, local tenancy branch rules and regulations regarding tenancy so you can avoid a problem before it arises. 

Thanks for pointing that out Kathleen. 

Cheers/Glenn

[Helen3]

I wouldn't worry about it Airbnb is always pushing hosts to do things that will get Airbnb more bookings @Melissa280 such as longer bookings, flexible cancellation policies, lower prices....just ignore their recommendations - it's your business.