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

Maxwell8
Level 2
Jacksonville, FL

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

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. 

26 Replies 26
Katrina79
Level 10
Saskatchewan, Canada

@Maxwell8 @so sorry you are going through this, it must be stressful. I wouldn’t do #1 because where I live disconnecting the utilities is against the law. You should try #3 but I’m doubtful it will get you anywhere. I think #2 is your best option move on in with her and hope she leaves. 

Lisa723
Level 10
Quilcene, WA

@Maxwell8 you need an attorney.

Inna22
Level 10
Chicago, IL

@Maxwell8 this really depends on your state. For example in mine I can do #1 if she has not stayed for 31 days. At the same time after 31 days she becomes a fully fledged tenant, regardless of payment status and normal eviction process will need to take place. Regardless of what you do you should be going after #3. There is a blurb in the rules that the guest has to pay if they overstay and therefore you should be eligible through host guarantee. If you feel it is safe to enter, I would be going in and out of there at all hours as per #2 unless again there are some tenancy laws in your state that you would be breaking. For example in my state after 31 days of stay I have to give her a 2 day notice of entry or pay a huge fine. I think your first step should be to look up your local landlord tenant ordinance and your STR ordinance if there is one. I am so sorry you have to deal with this. If you have not done so already, make sure to collect her ID so you know who you are going after later. Are you able to call the police and ask them to remove her? This also varies by state but you can ask them. So sorry you have to deal with this

Clara116
Level 10
Pensacola, FL

@Maxwell8  wow, so sorry you have this mess right now. I too am a Florida host. 

First thing, just because guest said they had Covid 19 I would have still stayed with the 15day....they know what they are doing. I do not allow people more than 12 nights - as I have read that after 14 nights in Fl. they have rights. ?? not sure where this is applicable in Florida.

DO NOT turn off utilities or any thing essential. You can shut off internet....but not water/electric....you could have a power failure - temporary - or A/C problem that makes it really bad. Get creative.  

Dang, I would move in the people and make it very uncomfortable for this squatter. 

They are trespassing....that would have been my message right after they wanted to stay and refused. to leave. I'd have called the trespassing card and said out you go. Police will arrive soon to escort you (even if they were not coming) It might have worked.  My understanding is you can not file until January for eviction in Florida - might be wrong, but I read that. So make the stay unbearable for them. Move in people and dogs and much noise and whatever it takes - just remember after so many days might be 30. they have rights and you can not turn off stuff - I'd hook up speakers and make it so they go very quickly.  I am so sorry you are having this. 

That's why I do not extend stays or go over 12 nights - without exception. Keep me posted and let me know how we can help. Good luck, Clara

 

 

Maxwell8
Level 2
Jacksonville, FL

Thanks for everyone's thoughts. Yes we have been consulting with our attorney. What's amazing (but then again maybe not so much) is that this "guest" is also an attorney...easy to see after searching online and she's also apparently stated as much to our property manager in an apparent attempt to intimidate her. 

 

Also, the police did stop by once with our PM, but told us they cannot enter and remove her from the property. She would have to come out on her own. 

 

Note: just so there's no confusion, our property manager is simply an employee who has worked with us for many years and handles the day-to-day of the short term rentals, among other responsibilities. Not a professional management company. 

Helen3
Level 10
Bristol, United Kingdom

What a horrible, stressful situation for you.

 

What did you attorney suggest when you spoke to them @Maxwell8 ?

 

I think as STR business owners it's really important to have plans in place for worst case scenario's like this and to understand how the law works and what our options are if guests overstay.

 

It's easy for us to comment in hindsight, but it would have been better to not accept the extension until payment had been made through Airbnb. If I have a guest in this situation, and another guest had booked because the first guest hadn't extended, I would have just confirmed the situation to the original guest and that an extension wouldn't be possible -  rather than accept them extending their stay without a booking or payment.

 

Now you are in this situation I would follow your attorney's advice.

 

I would suggest your priorities are;

 

A. evicting the 'guest'.

B. working with your attorney to take them to court to recover your costs  

 

Very best of luck.

 

 


@Helen3 wrote:

What a horrible, stressful situation for you.

 

What did you attorney suggest when you spoke to them @Maxwell8 ?

 


Thanks for your thoughts and wishes. I agree what you say makes great sense. The attorney advised us to attempt to remove again with police present. It depends on the particular sheriff/deputy/officers responding as to how they proceed...some are more comfortable than others in removing the guest. We should present as much information as we can to demonstrate that they are transient and also go ahead and open the door ourselves (which was not done last time). Attorney also advised against cutting utilities, although they say it is actually a legal gray area. Beyond that, we might try having some "repair work" done.

 

I will follow up to update on this case. We will not proceed for a few days because unfortunately the property manager had a death in the family last week and so took time off. She returns in a couple days. 

@Maxwell8  "some are more comfortable than others in removing the guest."

I suggest you stop referring to this person as "the guest" both in your own mind and to the police or anyone else. She is no longer a guest- she is a trespasser.

Mike323
Level 9
Middletown, PA

@Maxwell8 Looks like intent to defraud for lodging value in excess of $1,000 in FL carries jail time.

https://www.flsenate.gov/Laws/Statutes/2019/509.151

Maxwell8
Level 2
Jacksonville, FL

Hi I'm back to provide an update:

 

On July 1st, so about a week after I last posted, my manager called the police again to meet her at the property. We told her to just try one more time before we escalated to tactics like sending repairmen. Anyway, this time when the police arrived, our manager opened the door for them and they confronted the squatter. First they ran her ID (very unique name) in the police system which returned several photos that my manager believes were mug shots. They asked my manager to positively identify her, which she did. Apparently things went south very quickly for the squatter because of her rotten attitude towards the cops. They threatened her with arrest unless she quickly vacated the premises, which she did. She left and has not been back (I was worried about potential retaliation toward the property)

 

The police gave us a case number to followup and we may proceed with trespassing charges. 

 

Airbnb did not get back to me in a timely manner (actually still have not 2 weeks later) and since this property technically belongs to my friends who have a much larger portfolio with Airbnb, I let them take over discussions. They have a bit of clout and might even have a personal case manager at Airbnb, not entirely sure. Airbnb asked for a lot more info, which they've since provided, and now we are waiting. I can not say with 100% certainty that the squatter had a criminal record, but it would be concerning if that was the case. My friends are under the impression that Airbnb does some kind of basic background check on its guests (I wasn't aware of that)

 

Anyway I will update again with any developments regarding police or airbnb. 

Sarah977
Level 10
Sayulita, Mexico

@Maxwell8  Thanks for coming back with an update.

 

"My friends are under the impression that Airbnb does some kind of basic background check on its guests (I wasn't aware of that)"

 

They say they do if they have enough information from a guest, like full name and birthdate. So in fact, Airbnb doesn't even require full ID info for guests to be able to book our properties. 

 

David6229
Level 2
Irvine, CA

I would like to add to this conversation with my situation. I have a home that requires stays over 30 days. (Local requirement) My guest was paying through the Airbnb site extending 1-2 months at a time. Then they asked me to pay outside of the site which they paid for approximately 3 months later. Now they are not paying. My questions here are:

 

1. The rules here in California are strong for tenants. As stated above in previous threads, can I move in? Also, do I need to give them "Notice" that I am moving in or can I just show up?

They are unlawfully trespassing. I did this a few years back and it worked well. They got very uncomfortable and left right away. Its only a husband and wife and I am not afraid of my, or my family's safety. Nice people. They are just not paying. 

 

2. Can I schedule "Repairs and/or maintenance?" If so, are there any guidelines other than giving them 48 hours notice?

 

3. Since they don't pay utilities, can I notify them in writing that they will be paying for those? There is no rental contract and never was one other than the original Airbnb booking which provided utilities. 

 

4. How do we as hosts, fill out the required paperwork so we can take them to court to attempt to get reimbursed  for non-payment of rent after the eviction moratorium is over? Since there is no "official" Lease agreement for most of us as we don't expect our guests to over stay their booking, are we as hosts required to submit a lease agreement for court purposes in the future because there is no record of any agreement of rent amount once the Airbnb booking is over. 

 

5. What kind of record do we need to accumulate for court purposes since we cannot use normal eviction processes because of Covid-19? Can we mail them a notice of non payment of rent? Or?

 

I appreciate all the previous posts as they are invaluable for all of us and look forward to any help anyone might have in this pandemic world. 

 

@David6229 you need to contact an attorney,  not us. You now have a squatter. 

 

Google this topic...California has had several well publicized cases of this happening with Airbnb guests refusing to leave.  Under no circumstances should you ever allow a guest to say longer than 28 nights unless you have a lease in place.  You have outlined just a few of the difficulties of this nebulous hosting situation.  You don't have a guest anymore.  

 

 

I just don't understand why people accept these reservations without understanding their local tenancy laws. Please contact an attorney asap.  Best of luck.

@David6229   Sorry you're having this situation and good luck with it. What I don't quite understand is why you characterize these as "nice people". They may not be belligerent or a threat to your safety, but "nice" people don't think they can just continue to stay somewhere and not pay the rent. I've dealt with my share of people like this in some of the property management I've done for others and I'm so over people who are ever so pleasant to your face, yet just do whatever they want- not pay the rent, trash out the house, "save" 3 street dogs who dig up the gardens, move out and leave truckloads of garbage behind, etc. That certainly doesn't qualify as "nice" in my book.