Guest Refuses to Leave

Dan157
Level 1
Santa Clara, CA

Guest Refuses to Leave

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.

25 Replies 25

My guess is that a visitor who has bothered to establish such a good rating from previous people who have let him stay in their place is probably a good bet and you should feel quite safe in letting him stay with you again. Reputation effects are powerful things. Yes, he could suddenly become a squatter. But this is reaaaaaaally unlikely at this point! Most people who intend to squat don't plan that far ahead about the squatting!

I’m in the same boat! Customer has stayed in my house for three months!!! Paid for only one month. Airbnb canceled her booking after her card got declined so many times. She kept telling me stories: found out she’s job hunting, tells me she has no where to go, sneaked in all her belongings in the night and early morning when I wasn’t home!! Her room is full of stuff! She gives making electronic payments that get declined. Keeps saying there’s fraud on her account, it’s been blocked! Airbnb will have nothing to do with it, they say they canceled her booking in the first month. I’m on my own! 

Ana1136
Level 10
Ohrid, Macedonia (FYROM)

@Judith459 why would you keep her after the first month? Airbnb in reality can't do anything about it, they finished their part by canceling, they won't come and personally remove her for your property. If she didn't want to leave I would just call the police and remove her. I can't imagine why would you let her stay 2 months for free no matter what excuse she gave you. I had a case just now in my apartment that I rent long term, not on Airbnb, with a guest who moved in and said would pay in 2 days, he just needed to collect the money. He didn't pay after 2 days and he didn't open the door for me so we went with private security and police officers, imagine 5 massive guys showing up to your door... he just gave us the keys and actually escaped running down the stairs even though non of the guys even said a word. I am not saying to bring people to scare her, one police officer should do the job. Don't let her take advantage of you anymore!

..

AirBNBers have no experience as landlords and don't know anything about tenant's rights, squatter's rights, scams, etc. There really should be a guidebook for first time hosts with basic templates on what to do in X situation: Theft, destruction of property, loud music, harassment, refusing to leave, lack of payment, contacting you outside of AirBNB, etc.

 

1. Get an Kwikset automatic door lock for $100 and set a temporary code. Do not give keys.

2. Make rule on listing for only 1 persons sleeping overnight, no parties or large gatherings of more than three people.

3. Have a security deposit of $600 and the AirBNB contact form ready to go. You have 14 days to file a complaint with AirBNB to recover some of that money.

4. Get a $45 Foscam camera (https://www.amazon.com/Foscam-Storage-Dialogue-Connection-Security/dp/B07DJ5RSTM/ref=sr_1_3?dchild=1...) and set it up in main area (you cannot in bedroom, bathroom, etc) to see how many people in house.

5. Download Foscam app on your smart phone, scan the QR code on back of camera to link it up. Login and view.

6. Have them present their driver's license. Tell them that you must know if it is them or not. If they cannot produce an ID, they cannot enter.

7. Take a picture of the license or ID with your smart phone for your records (and to give to police).

8. Don't let them stay 30 consecutive days, they then will get tenant's rights.

9. Don't let them make a deal with you outside of AirBNB to stay longer and pay rent for the month (see above).

10. Change the door lock code after checkout immediately and check for damage and theft. Contact AirBNB immediately with any issues.

 


If you make a mistake and they are there after 30 days, do the following:

1. Go to google and type "State Marshall's near me".

2. Take $60 and go see him and fill out a "Notice to Quit" form, and write in the name of the person and write "nonpayment of rent and termination of lease by lapse of time". State Marshall will serve them the form and you will go back to pick up the receipt when he is through and gives you a phone call.

3. Wait 3 days after the Airbnber got served the notice to quit form, then go down to the Clerk's Office at the State Government Building near you. Take the Notice to Quit receipt the State Marshall gave you.


4. Fill out a "Summons and Complaint" form

https://www.jud.ct.gov/webforms/forms/hm032.pdf
or
https://www.jud.ct.gov/webforms/forms/hm020.pdf


You must personally return to the court with your completed Summons and Complaint for the clerk’s signature on the Summons if you are self-represented. Also, bring the original Notice to Quit with the State Marshal’s Return of Service. Be sure to indicate in numbers 1 (one) and 3 (three) of either Complaint whether it is an oral or written week-to-week, month-to-month or year’s lease.

The clerk will set the return date on the Summons.

After the clerk sets the return date and signs the Summons, you should keep 1 (one) copy of all papers for yourself and give the original and sufficient copies for each defendant to the State Marshal, who will serve a copy on each defendant and return the original to you.


Once the State Marshal returns the original Summons and Complaint to you with the Return of Service noted, you must file them at the clerk’s office with the original Notice to Quit, at least 4 (four) days before the return date on the Summons. When filing these papers, you must pay an entry fee to the clerk. Currently, this fee is $175.00. Payment must be made at the time of filing by cash or check payable to Clerk, Superior Court.


5. After your case, the Housing Court will require you to submit a Military Affidavit with facts stating that no defendant(s) in this action is (are) in the military or naval service of the United States.


6. After your case If a judgment for immediate possession is entered in your favor, either by default or after a hearing, the defendant has a 5 (five)-day Stay of Execution, not counting intervening Sundays, legal holidays, or the date of judgment.

If the defendant has not vacated the premises after the 5 (five) full days expire, you may obtain from the clerk’s office a Summary Process Execution.
https://www.jud.ct.gov/webforms/forms/hm002.pdf
or
https://www.jud.ct.gov/webforms/forms/hm034.pdf

The Execution must be completed by you and given to the clerk for signature. After the Execution is returned to you, you must give it to the State Marshal for service on the defendant. A State Marshal is the only authorized official to serve a Summary Process (Eviction) Execution, which is necessary for the removal of a tenant(s) and personal items from the property.

The Execution informs the defendant that they must vacate the premises within a minimum of 24 (twenty-four) hours or be physically removed from the premises.


7. The AirBNBer's stuff. You -- Yes you! - must PAY $$$$$ to the State Marshall to have the stuff removed and stored.


See the long and expensive process of evicting someone? Our country is on the side of tenants and not landlords/common sense/right vs wrong. Once you go through this shocking process, you will discover it is not worth to be nice and accommodating and also realize this is why many landlords are pushy aggressive jerks. Be one also.

Paul6973
Level 2
Fuquay-Varina, NC

Good thread. I've sent feedback to Airbnb to see about having a clause in their contracts that would assist hosts in events such as this. I'm actually on the other side of the spectrum, as in my wife and I are looking for places 1-3 months for us to travel and explore. Reading this thread explains why the options are limited. I guess that my question to his group is, "How, as a guest, can I ensure the host that I am not/will not attempt to pursue tenant status?" Is there a document that can be signed in advance? I am retired and we currently rent out a couple homes. I just really want to be able to go and explore places. By staying up to 90 days in a location will allow us to really "live like a local". Advice from this group would be helpful. TIA

You have one review on your profile, and it's a good one, and you've also take the time to write up a nice profile, so both of those things will help. 

 

What I would do is to just be straightforward with hosts when you message them in an inquiry or booking request, letting them know that you are aware of this concern of hosts', but that you own 2 homes yourself that you rent out, and just want to do some travelling and immerse yourselves in local culture. And hosts set minimum and maximum stays- I have a max stay of 2 weeks, for instance. So a guest wouldn't even be able to book my place for 2-3 months if they wanted to. Hosts who do accept long term bookings would have those max stay lengths set differently, so any that do should be open to what you are looking for.

 

Also, you don't really fit the demographic of guests who hosts would be particularly wary about in this regard. From most of the posts on this topic I've read, these scenarios where someone refuses to leave tend to be single people, often totally new to Airbnb without even one review, and they definitely aren't homeowners themselves. They don't want to leave because they have nowhere else to go and no money.

Of course there are exceptions to this, but a retired couple who already own 2 homes and want to travel the world a bit wouldn't send up red flags for most hosts, IMO.

@Paul6973 

That makes sense and does clear up things a bit. Thank you for the response! @Sarah977 

 

@Paul6973  I have a maximum of one week on my listings because I need to communicate with the guest that longer stays require weekly cleaning.  (I actually don't charge the guest for this, because it's much more my concern than the guest's that my places are extremely well maintained and that my housekeeper is happily employed.)  This is just to illustrate that you never really know what is behind any given host's restrictions and you should always be direct and ask.  The way a host answers you will tell you a lot, and if they're open to longer stays you can take it from there or move on.  If I were you I might even draw up a simple agreement that I would suggest to the host after several messages had been exchanged.

@Ann72 - That's a real good idea. I can definitely do that. Thank you for the insight!

You need to make it clear that you have a home you're going back to.