OVERSTAY - do you have any experiences with it?

[Branka-and-Silvia0]

Airbnb TOS says:

8.2 Booking Accommodations

8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Airbnb (via Airbnb Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.

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So what does the part:  "..... the Host is entitled to make you leave in a manner consistent with applicable law. "  really means ???

1. If the guest is present, the host can call the police for trespassing and they will escort the guest out. We all know that.
2. But, if the guest is not present, is the host allowed to enter the room/house when the reservation is over, pack guest's belongings, take them out and prepare the room for the next guest?
3. What if the guest accuses the host of missing things?
4. Should the host photo or videotape everything in the room before packing it? Could it be proof?
5. Is the host allowed to put his belongings out, in front of the door? What if someone steals it?
6. Should the host store guest's things somewhere and if so, then for how long?

What does the part : " ..... you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you... " really means?

If you kick the guest out 1 hour after check out time he will have to pay 2-nights fee?

Then we have this part of the Airbnb TOS:
Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay.

So basically, the guest would have to pay another night only, without any additional costs except maybe for cleaners wasted time. Host's wasted time and stress are worth nothing (some of us are off-site hosts and will discover guest's overstay when we arrive)

I would like to hear from experienced host and be prepared if/when it happens to us. We have back to back bookings and it would be very stressful.

[Branka-and-Silvia0]

Did anyone ever successfully charge the overstay?

[Ben3256]

I actually in the situation that Airbnb order me to leave the overstay guests belonging and cancel the next booking. On the instructions by phone he told me that i can charge double the rate because of this trouble and it causing me to cancel the next booking . And Aibnb confirm to help me get his overstay penalty rate. But when i told the guest, the guest refuse to pay, He called Airbnb then Airbnb waive it without my consent to stay another night. 
Now Airbnb doesn’t take any responsibility for the penalty rate.  

Now I need advise how to get this matter escalate because the case manager already decide not to pay.  please read the full story on my other discussion.

[Ute42]

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Hi @Branka-and-Silvia0 ,

• But, if the guest is not present, is the host allowed to enter the room/house when the reservation is over, pack guest's belongings, take them out and prepare the room for the next guest?

Yes of course. If You have check out on a saturday at 10am, on 10am the rental contract of Your guest has run out, it's over. If Your guest calls the police stating „Branka and Silvia entered my room without my permission“ tell the police, it isn't the room of Your guests anymore. It was, till 10am, but now it's 2pm. There is no legal ground for Your guest to claim anything.

• What if the guest accuses the host of missing things?

Again, the rental contract is over. If the guest decides to leave his belongings in some foreign room he or she has no rental contract for or in the street or whereever, this is at his/her own risk.

• Should the host photo or videotape everything in the room before packing it? Could it be proof?

Once again, the rental contract is over, You're out of the picture alltogether.

• Is the host allowed to put his belongings out, in front of the door? What if someone steals it? Should the host store guest's things somewhere and if so, then for how long?

If You want to be nice pack up everything and put it into a locker at the Zagreb Main Station which is a couple of houndred meters away from Your place as it looks. Leave a note for the person who once was Your guest that he/she can pick up the key for the locker every day between 5 and 7 pm against the locking-fee.

[Ben3256]

I wish i know that i can put overstay belonging outside. My mistake is i call Airbnb for help and they order me to leave their belonging, and they will help me cancel and look after my next guest. Then the overstay guest have to pay double the rate. Airbnb confirm twice on the phone conversation that they will make sure the guest pay. But when guest refuse to pay,  Airbnb waive the penalty rate without my consent. And ii cant charge any extra for all the trouble it cause. Extra payment for my cleaner to come twice and my time and my wife time. Please read my full story on my discussion. 

[Helen3]

You need to check the laws on this in your country/city in some areas there is a requirement to keep property for a certain time before disposal @Ben3256 

[Branka-and-Silvia0]

Thank you @Ute42  🙂 It is good to know. I hope we will not have to deal with it but just in case.

[Ute42]

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@Branka-and-Silvia0 

We have a saying here in Germany:

• Es gilt die normative Kraft des Faktischen

This is almost impossible to translate into english, the best I can come up with is:

• Don't talk, act.

[Branka-and-Silvia0]

heh @Ute42  yes, this is a good saying  🙂  I will, don't worry. I'll go to check the storage at the train station.

[Ute42]

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@Branka-and-Silvia0 

Or You pack up all the belongings and take them to the lost and found facility in Zagreb, whereever that ist. Tell the person at the counter „I found these items, they don't belong to me, so I'm handing them in to You“. Counterperson replies: „Thank You, You're a good girl“. They'll hand You a receipt, so later You can prove You did what You could in the best interest of the person who once was Your guest but isn't any more

[Snehal1]

My Guest Checked in One Day Earlier  i.e. 3 am  instead of 11 am ( This He had informed me ), After 2 nights, He continued to stay,   As He was not Answering my Phone  I Checked with Neighbor, and He Told Guest is still in the Homestay Villa.   At 6 Pm When I reached there for Cleaning and Sanitizing the Home, He was still continuing for 3rd day.  He had Paid for only one day.   Furniture from Ground floor was moved to first floor Varanda in Open,  Bottles thrown here and there.   Lot of Unused food in Refrigerator.  Again He requested for Over stay without payment.   I was one person, and They were 3, and My Farm House is in out of City in Country Side.   He did not have Vehicle, Now He told me to Arrange for Vehicle.  But My issue is that this Guest has very good Past Review on Cleanliness and Good Conduct. I found his behavior in contrast.   Then When I arranged for Vehicle, They went leaving the Place dirty.  Tea Cups, Plates and Other Utensils were uncleaned.  Lots of Food (They Planed for 4-5 days ) in Refrigerator.    He Told me Your next Guest can Eat it so I left there.  The Guest had come from Other Country to India.