Help with long term stays and clients claiming residency.

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Kale0
Level 1
Tampa, FL

Help with long term stays and clients claiming residency.

How can I protect myself from a client renting a room for a month and not claiming residency in the space? Legally if someone is welcomed into a house and occupies it for a month they are technically a resident of that space.

 

Does that apply though an Air Bnb contract? How do I protect myself from situations like this?

 

I just had an inquiry from someone with a newborn that wanted to stay for an entire month. 

1 Best Answer
Keith1
Level 10
SF, CA

AirBnB's contract states that if anyone stays beyond the initial booking (without extending their reservation through the system) that their nightly rate for subsequent days is double the initial average daily rate.

 

This will protect you in jurisdictions that do not have rent control/rent stabilization laws which limit rent increases.

 

You'll want to find out the laws where you live.   Here's an example based on San Francisco rent control:
For a rent controlled unit, rent control applies to a person on day 30 (some say it's after day 31 but it's safer to assume the 30th day is when the rights apply).  If you host someone for 28 days, and their daily rate is $100, day 29 is $200, day 30 begins rent control which applies, I believe, to the rent in affect at the time which would be $200/night.

If you host someone for 30 days and their daily rate is $100, day 31 is a rent controlled affected date and you cannot legaly charge them more at that point.

In addition, there is a way to have people legally waive their rights under rent control (at least in San Francisco) but this must be done prior to their first day of occupancy.  .. if you plan to rent in this area in a rent controlled property for longer says you'll definitely want to make sure guests sign such a waiver prior to entering--in which case once their time is up you must remove them and not let them stay and claim residency rights.

 

So, if you're not in a region where rent controls apply, then you'll be protected under airbnb's double price policy.  

Otherwise, you'll need to find out what laws apply in your area.

 

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3 Replies 3
Keith1
Level 10
SF, CA

AirBnB's contract states that if anyone stays beyond the initial booking (without extending their reservation through the system) that their nightly rate for subsequent days is double the initial average daily rate.

 

This will protect you in jurisdictions that do not have rent control/rent stabilization laws which limit rent increases.

 

You'll want to find out the laws where you live.   Here's an example based on San Francisco rent control:
For a rent controlled unit, rent control applies to a person on day 30 (some say it's after day 31 but it's safer to assume the 30th day is when the rights apply).  If you host someone for 28 days, and their daily rate is $100, day 29 is $200, day 30 begins rent control which applies, I believe, to the rent in affect at the time which would be $200/night.

If you host someone for 30 days and their daily rate is $100, day 31 is a rent controlled affected date and you cannot legaly charge them more at that point.

In addition, there is a way to have people legally waive their rights under rent control (at least in San Francisco) but this must be done prior to their first day of occupancy.  .. if you plan to rent in this area in a rent controlled property for longer says you'll definitely want to make sure guests sign such a waiver prior to entering--in which case once their time is up you must remove them and not let them stay and claim residency rights.

 

So, if you're not in a region where rent controls apply, then you'll be protected under airbnb's double price policy.  

Otherwise, you'll need to find out what laws apply in your area.

 

I lived in North Carolina, and had a Guest who had only a day left to renew

her reservation, and asked her, if she was to  continue on, or move out the

next day. She said she would stay if I were to accept cash, instead of going through

Airbnb. I refused, and left the house advising her to leave the premises. When I

returned, she had locked me out. I had to call AIRBNB, and ask for help.  I had

to call the Police, to let them know she wouldn't let me in my own house. They

said if she was renting, she had the right to  stay. I had to go to my daughter's

that night. She finally left. Airbnb was with me all the time. Be careful, and make

sure they have paid, and confirm their extended time with AIRBNB.

Belissa1
Level 2
Los Angeles, CA

I am in Los Angeles, which has pretty strict rent control ordinances. About the only reason you can evict someone who has established residency is for non-payment of rent. If they pay, they stay, no matter how awful they might be. Landlords have absolutely no rights, in my years of experience managing rental property in Los Angeles.

 

I am very concerned with allowing a guest to stay long enough to establish residency under rent control, which in Los Angeles gives all the rights to the tenants and no rights to the Landlord (I managed apartment buildings for many years, and I am very familiar with the terms and conditions of Los Angeles rent control laws).

 

I would like to hear from other Los Angeles city Air BNB hosts who know how to handle this situation.

 

At this point I am very wary of renting for longer than say 28 consecutive days.

 

Can someone tell me how they handle long-term guests, what we can legally do to protect ourselves from the guests establishing residency, if anything, and experiences Los Angeles hosts have had with long-term guests and Los Angeles rent control ordinances?

 

I saw in a post where the host was able to make the price double or triple for the 30th or whatever day establishes residency under LA Rent Control Laws. This seems like it might work, especially if the guest must pay that amount beforehand in order to continue to stay. However, once they are in, they are in, as we all know, and posession is 9 tenths of the law here!

 

Advice, please!!!