Guest doesn't want to leave!! What can I do?

[Ana246]

I got a reservation from a couple in the last minute, and because I had other guest leaving in the same day of check-in and arriving at the same day of check-out, I was very clear that the times of check-out and check-in were very strict.

Now he sent me a message that "they are sorry but they won't leave the apartment" and is not answering my calls or text messages. I even offered him to reimburse the last night because I don't want to fight with him, but I need him to leave as promised and agreed.

OMG! What should I do?

[Tanya461]

Initially 2 months from the 4th May and then a further extension of one months to 4th Aug, so 3 months in all.

[Helen3]

What is the legislation in Ireland regarding tenancies. How long does someone need to be resident before they have tenancy rights @Tanya461 

You need to get Airbnb to cancel the booking but in terms of the legalities, you will need to seek legal advice from a housing solicitor.

If it is three months until they have tenancy rights, then ask Airbnb to cancel the booking now, so you can then legitimately ask the guests to leave. If you don't then you are going to have to take legal measures to evict them, which may not be possible under Covid.

Also what sort of listing do you have, as it is not showing on your profile.

[Tanya461]

So far as I can see it is 6 months to get any rights, until then you can give notice at any time. I need to take advice as I do not want to serve a formal notice as it may imply a formal tenancy is in existence.

The guest is saying 'you cannot get me out' which makes me worry that this is not going to end well. The listing is for a small self contained terraced house, I hid the listing a couple of weeks ago when I realize I needed to end the current arrangement and my daughter was going to use the house for work. However, my husband has now had an accident and I need it to quarantine his children when they arrive from UK and Germany.

Covid eviction restrictions end on 1st August.

No news from Airbnb, I rang as an emergency first thing this morning.

[Mike-And-Jane0]

@Tanya461 I fear you have inadvertently given your guest tenants rights. I suggest you urgently contact a lawyer yourself. Sadly I am afraid you are probably discovering that Airbnb is not really suited as a long term rental provider.

[Deborah175]

Indeed they are not. In more ways than this. Another thing: they do not collect the entire rent for the contracted period up front, so they will only post payment to hosts monthly, and only if they can collect it. If your guest fails to pay in the second month, you get no money, and they have no way to get it. And you may have no way to get the tenant out.

If you rent directly, you can ask a two-month tenant for first, last, and security; Airbnb does NOT protect you if you use them for long-term rentals. 

[Christine615]

@Tanya461  Take the apartment back for your own use. Show up with a piece of luggage. Then file a trespassing charge against them. I don't know if your laws are the same as in the US. But owners are allowed to occupy their own properties. My attorney said to put a "no trespassing" sign in the lawn. Then you have a legal claim for trespassing if they won't leave.

Here in the states 30 days determines tenants rights so I have to be very careful.

[Deborah175]

Depends on the laws in the state and city you live in. Every city and state have different laws in the US. There is no “America” when it comes to tenant law (and most other things, for that matter). We are basically a federation of 50 countries and each “country” is made up of counties with different laws, and then the cities and towns also have their own. 

You have to know the situation where you live, and don’t make the mistake of thinking what you learned applies elsewhere.

[Jenny295]

I had a similar situation with a local.  When the guest first booked he said he was a known attorney whose house was getting some repairs done for the day and he needed some peace and quiet on his day off.  He was well spoken and mild mannered.  He checked in quietly that night and nothing was amiss.  Next morning as I was running an errand, another guest calls me a bit angry and asks about the drunk man trying to hug him (This guy was a regular and is a Navy Captain, my son's friend!)  I rush back right away and the drunken guest is very DRUNK at 10am.  AirBnB would call him and he would NOT answer.  I ended up opening his door with my spare key and handing him my phone.  They arranged a hotel room for him AND I had to make arrangements for new guests to rent elsewhere as he didn't leave until the evening hours.  When my cleaning staff cleaned his room, there were empty liquor bottles and cocaine baggies.  That day, I learned that my property is subject a percentage of drug users.  VERY SCARY!!!!

[Caroline2015]

What does "subject a percentage of drug users" even mean? And how do you know it was cocaine? Did you send it to a lab and have it tested? Many substances come in the form of white powder. This whole story sounds like nonsense to me.

[Kelly543]

Had tenants not checkout as agreed via airbnb contract date.  We have same day checkin so caused problems.  Contacted airbnb right away to make record.  Called renter who thankfully answered the call and played stupid.  What can we do as hosts if this happens again?  Can we remove their items to clean?  Can we charge them etc....???