Please help with evicting guests who refuse to leave long after their stay has ended

[Maxwell8]

Boy we made some mistakes in hindsight, but it's also bad luck due to several unfortunate circumstances all tied together. I am still seeking solutions to I'll try to make this as brief as possible:

Guest had a 15-night stay. Two days before her checkout we opened the calendar up for others to book and it was booked almost immediately. The guest notified us around the same time that she would like to extend her stay. We apologized that it was already booked by someone else. She got very upset and claimed she cannot leave due to covid-19. It was a little bit of an annoyance but we figured that's fine, airbnb will sort it out for us and decide what to do. 

The guest checking in was also obviously upset but airbnb helped them find other accommodations. In the mean time I messaged airbnb requesting that they send our guest a new reservation for her extended stay. We could not do this ourselves for fear someone would book if we opened up the calendar again. Because this was during the covid crisis the phone calls to customer service were several hours long wait (they warned) so I stuck with messaging. And airbnb took days to reply. Then one week. Then two weeks. Initially the guest seemed more than happy to pay for her extension, but as time dragged on her demeanor changed. We really should have taken it upon ourselves to arrange payment outside of airbnb but I thought it best to let Airbnb sort it out. (side note, I do not understand how they do ticketing for their customer service. We have 8 units in total and had several other far less important and less urgent messages with airbnb customer service that were replied to within a day or two...no idea why the most important one took so long!) When airbnb finally got back to us and escalated our situation, they said they are unable to help because the guest is refusing to answer their calls or reply to their emails. 

Anyway, here we are now...the guest has decided they do not owe anything and also cannot leave due to the covid situation. They have been in the unit over 30 days beyond their original checkout. The police say we must evict if she won't leave voluntarily. Airbnb doesn't seem very helpful even with the eviction process, but we will see. Haven't begun it yet because evictions aren't even allowed yet. 

Have considered a few things like:

1) shutting off the utilities. But we're afraid this may cause complications with a potential eviction process. 

2) having people we know just go in there with the right to stay there. If a bunch of people go in, she would likely want to leave right away. She can't call the police for trespassing since she's the one trespassing, not them. But with the covid situation, we also feel uncomfortable sending people in there. 

3) pursuing airbnb to make this right. Their host guarantee protects against damage and liabilities, but I haven't found anything that shows exactly how they help when a guest refuses to leave. Logic suggests they need to find a way to make this right and to prevent this type of thing from occurring, but contractually I don't know what they are obligated to do. Even once the guest does leave, she has already stayed for free for about $1200 worth of rent. 

Thanks for reading an empathizing. 

[Laura2592]

@Maxwell8 you have learned a really hard lesson. This is one reason why we don't allow stays over 8 nights. Obviously your "guest" knew the rules and how to play the system. 

A few things to take away:

- Change your locks or codes immediately. Do not pass go. Do not collect $200. Do it NOW. 

- Consider filing a restraining order if this person comes within so many feet of the property. You may have grounds. Consult with your attorney. 

- Alert management in the building with photos of this individual. If they see her, call the police. She is tresspassing. 

- DO NOT and I repeat DO NOT ever wait for Airbnb to help you again. Your guest's stay ended. Your calendar booked. She had no right to additional days. If she wanted them she should have booked through the usual methods. In the future if this happens, be firm and say "Thanks so much. We have enjoyed having you as a guest and hope to see you again. We are obligated to honor reservations booked through Airbnb in the same way we honored yours. If you would like to stay with us in the future please use the site to look for available days. Here are your check out instructions...."

-Write a review that is factual and warns other hosts.

[Huma0]

@Laura2592 

In some places, once a person has acquired tenant's rights, you cannot change the locks. You also often can't enter the property without with notice (e.g. 48 hours), you can't put their stuff out on the street, you can't force them out. You have to go through a lengthy court procedure, pay the legal costs and expect no compensation for unpaid rent or bills. I have no idea of the specifics in @Maxwell8 's location though.

Here in the UK, it is the landlord who can go to jail if they do the things listed above. Luckily, sometimes squatters don't even know their own rights, although I doubt that is the case with an attorney. I only once had to deal with this issue when a couple and their large dog (nothing to do with Airbnb, but friends of lodger) squatted my apartment. After months of trying to get them to either move out or pay the rent/bills they owed, my solicitor advised I simply start sending them more 'official' sounding letters by recorded delivery (i.e. they had to sign for them). That alone did the trick. They didn't open the letters but ran for the hills the very next day!

[Laura2592]

@Huma0  good to know.

We had to evict someone in an apartment we rented as landlords and it was a very painful and difficult process. After we got her out, we changed the locks.  I would imagine that this host may be able to do the same but I am certainly no expert on laws in his state. It definitely varies depending on where you live.

[Huma0]

@Laura2592 

Yes, I think it varies enormously depending on where you are based but also on how savvy the squatters are.

I was actually surprised when mine left so swiftly after I sent those letters. Perhaps it was just coincidence, but I really wished I had consulted that solicitor earlier. I had tried all sorts of reason with them, but was getting nowhere and at the end of my tether before I asked him.

I am not saying it was easy, by the way. I lost several months of income that I could ill afford, they caused all sorts of expensive damage and were a nuisance to neighbours (luckily the porter knew me well and did not report it to the management agency) and so much stress, not to mention my credit rating, which had further, quite substantial, financial consequences for me.

I was naïve. No. I was stupid. But, I learnt my lesson and am determined NEVER, EVER to put myself in that situation again. Know the law and use it. More importantly, let any lodgers or tenants know that you know the law and there's no messing...

[Lindsey272]

How was this issue resolved? We currently have the same situation w a lawyer from Vancouver threatening legal nonsense after his reservation was canceled and he was fully refunded but refuses to leave. Cops won’t do anything bc it’s a civil issue. I literally have a squatter in my house taking advantage of my property w no reservation and refuses to leave. 

[Helen3]

No this person is squatting - have you gone to your property to change locks/access to make sure they leave @Lindsey272 

[Sarah977]

@Helen3 I'm pretty sure you can't do that in Vancouver. Tenant rights are really strong in British Columbia, and the distinction between a guest and a tenant, regardless of how long they have been in residence, would probably require quite the battle with the authorities.

For instance, a tenant can't be evicted for not paying the rent or anything else, during several winter months.

I had a guest from B.C. who told me a story of renting a room to a woman in her home who was what she called a 'professional tenant'- scammers who know the tenants'rights laws inside out. The woman paid the first month's rent, then squatted. It took my guest something like 6 months to be able to turf her out.

[Helen3]

Ah thanks / in the UK guests who have overstayed are trespassers not tenants @Sarah977 

[Andrew-and-Yvonne0]

Wow reading this is awful, I cannot imagine what it must be like for the hosts. Last week I had a situation where Airbnb cancelled a guest after them checking in, Booked for one but 5 turned up. They did not leave when Airbnb cancelled the booking. In the morning they would not let us in for access, The police were called and the police gave them 2 options. Pay for a full nights stay in addition to the fee for the cancelled Airbnb booking ( As they should have left immediately when the booking was cancelled) 2. They all go directly to Jail. Btw the guest had to pay for all the extra people also. Once Airbnb cancelled the booking they were trespassing according to the Police.

Not the USA before anyone asks. Nairobi.

[Pete69]

What a horror story! The way California was throwing laws out the window (essentially giving squatting rights) is one of the reasons why I chose to shut down for the whole 2020 year. Best of all, people lobbied with congress to allow Airbnb hosts to collect unemployment AND without "looking for work".  ; )

[Maxwell8]

Sorry for not coming back sooner! So if memory serves, we got the "guest" out with the help of the police in early July. So the guest stayed a total of 31 days or so beyond the date they paid for.

The police were very nice about helping out, but in the second instance the difference was that our property manager was able to actually open the door first. The police threatened to arrest her for trespassing and she agreed to vacate. We did not follow up with charges, they said we could if we wanted but we'd have to initiate. 

Airbnb was not very responsive but they did slowly and steadily reply to us after the eviction occurred. They said they spoke with the guest who denied everything, they asked us for police reports, and I think it was around the last week of July or the first week of August they had paid us out exactly what the tenant owed in rent. We had considered filing for more (the extra work and hassle for our manager, there wasn't really any physical damage actually) but when they agreed without negotiation to pay us the full amount of the reservation cost then we just accepted that and moved on. 

So ultimately it worked out ok. I think we were lucky, could have been much worse. Thanks guys!

[Rodger20]

I am in the similar boat