I need to know what can be done about people who will not leave? In Illinois, the laws seem to make it a six month or more process. That risk is unacceptable. I cannot have someone living in my home other than the prescribed time. Is there anyone out there who can advise before I start opening my home to strangers? Does the Airbnb keep competent legal representation on staff to help or advise its hosting community?
Airbnb doesn't help with tenants who wont' leave. Just like Craigslist doesn't help with tenants who dont' leave, if you use Craigslist to get a renter. Hosts have to take on these risks -- I agree with you though that having to go through a 6 month process just to get someone out of your home who has overstayed their reservation, is not acceptable. This is a serious problem in many states and I believe laws need to be changed, because one should not have to go to court to get someone out of one's home.
However, the laws are not the same for short term rentals as they are for long term rentals -- meaning, for short term rentals one doesn't usually have to go to court to get someone out. Otherwise hotels could not do business, if they had to file a lawsuit and wait 6 months to get someone out of their hotel room who refused to vacate, when another guest was due to arrive that afternoon, and then another the next week , and so on. Having to file lawsuits to evict overstaying hotel guests would very rapidly put any hotel out of business!!
See this info for instance
on the laws pertaining to short term guests in California, which illustrates how the laws on short term guests are different than those for long term renters. IN California, if someone is a short term renter and does not leave on time, if you follow the procedure described in this document, you can simply remove the person's belongings from the room and lock them out of the room. THere is no need to go to court or file a suit. If they stay beyond check out time they are guilty of the misdemeanor crime of trespassing. This is true only for rentals less than 30 days long.
California also has a "single lodger" law which states that if you rent (for over 30 days) to only one renter in the home you live in, you can evict them without filing a lawsuit. You give them 30 days' notice (a fixed length rental includes an implicit 30 days' notice) and then if they dont' leave at that point, you can either lock them out or have the police remove them, as they are guilty of the crime of trespassing.
Airbnb does not assist with getting guest out of your home. You would need to go to court to have them evicted regardless whether they rent a room or entire home. You can have your electirc, water etc cut off that doesnt' mean they will leave. They will become squatters. Please goggle Airbnb and all the complaints before renting your room or home out to someone.
You need to check your facts. That article is referring to an actual inn or hotel. Not someone who is lending out their apartment with no business license or proper permission such as an airbnb.
Lovely to meet you.
I just wanted to add, that I would always recommend contacting the Airbnb Support Team if a situation like this arises. Here is a useful Community Guide on the different ways to reach the team.
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