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?

[Dee9]

I dont understand why you arent calling the police.

[Bob91]

I had a problem with a bizarre guest who had booked for 30 days but started a disturbance early,  (domestic violence, calling police because of "noise" next door (construction workers playing their radio), and abused my co-host for mowing the lawn.  I was away traveling at the time and notified AirBNB that her reservation should be terminated,  and they dragged their feet initially.  Called it a "clash of personalities".  Once I returned and repeated my demand that she leave and tried again to cancel the reservation, it still took another week with AirBNB trying to get her to leave, (Finally accomplished on the 26th day) offering her hotel rooms (she refused) and a barrage of threatening and bizarro e-mails from the guest.  I finally consulted an attorney and he advised me that the AirBNB license is not a tenant/landlord relationship but a licenser/licensee situation and you can ask the guest to leave for any violation of the terms.  You also have the right to enter your property at any time and demand their departure.  The disturbances were clearly enough reason, not to mention her abusive emails and threats to stay until evicted, usually a 30, 60 or 90 day process.   I finally had her removed by the state police (in consultation with a local DA) or risk being charged with felony criminal trespass.   I was reluctant to enter the property myself as I had heard that there was a gun involved in the domestic violence arrest, (her assault on her husband, who was not supposed to be there).   All in all, a miserable experience, but I learned a lot.  I hope AirBNB will be more responsive to my take on things in the future (especially as a superhost), but you have the right to demand departure and you can ask the police to remove them for trespassing.   

[L25]

I wish I saw this earlier. I involved the police today for the first time and am worried about the apartment complex if anyone would complain over this. The only thing I do differently is I rarely around anyone to book more than a single night, which has worked out well for me but this is a lesson learned the hard way, never to break that rule. 

[Bill156]

Just a warning...if you are running an Airbnb out of an apartment you are renting without the written permission of the landlord, it may be considered an illegal sublet, and you'll be looking at eviction!

[Deborah175]

“I finally consulted an attorney and he advised me that the AirBNB license is not a tenant/landlord relationship but a licenser/licensee situation and you can ask the guest to leave for any violation of the terms.“

This depends on state and local law, which varies from place to place. Guests staying over 30 days can instantly gain Tenant Rights, and then you are screwed!

[T61]

Call air bnb 

[Santanu0]

I had a similar experience a week back as my guest has overstayed at my place even after expiry of period. I didn’t confront my guest but called ABB customer care and they helped me in informing my guest to leave . ABB was quite helpful to me.

[Robin4 · Accepted solution]

@Santanu0 

What you are describing is possibly a little bit different. The guest was prepared to cooperate with Airbnb.

At times guests do take liberties where check-out is concerned and if possible we do have to be a bit flexible. Once you involve Airbnb to get the guest to leave you will almost certainly get a bad review......and with only 5 reviews behind you Santanu, a bad review is something you should try to avoid.

What @Ana246 was describing back in 2016 was the fact that an Airbnb guest had taken 'possession'  of her property and had no intention of relinquishing it until they were ready. It obviously resolved itself because she unfortunately did not come back here to tell us of the outcome!

We have heard of this before, the guest goes to a local hardware and change the locks thereby precluding the host from gaining access to his/her property. 

In most instances police will not want to get involved because it is deemed to be a civil matter and not one that requires police attendance.   Situations like that are difficult and it's a pity that authorities do not seem to regard trespass as....trespass, removal from the property is something that the court system will get around to in the fullness of time....and that can break a landlord!

Cheers.......Rob

[Caroline2015]

That is ridiculous. If they break the rules by illegally trespassing on your property they should in all cases forfeit their right to leave a review. This is preposterous. I'm taking my listing off of Airbnb after my reservations are fulfilled. This site is shady AF. I already had to turn off automatic booking because they booked my place for below my minimum price without asking me. 

[Michael9065]

Under those conditions, don't worry about a bad review on Airbnb.  They will remove a review if it is obviously retaliatory involving the guest's bad behavior.

[Denis293]

not sure how this answer is related to original question and even Top Answer, sorry

[Cherie71]

We've had this happen twice in all the years we've had vacation rentals.  The first time I did the negotiating, calling the company, etc.  It was awful.  This last year, two apartments were rented by the same company as housing for their workers. They refused to leave on their scheduled date/time.  

It just so happened a friend, who is an electrician, had called about another matter.  He suggested I turn off the breakers to each of the apartments.  Oh my gosh! It was like the heavens opened up and the light shown in - so to speak. 🙂   I was able to do that without having to go by them (there were 15 guys) as the breaker boxes for the utilities are on the outside of the building in the back where we are the only ones with access.  Sure enough, 10 minutes after the power was turned off, they were rolling their suitcases to their vehicles and left.  It is amazing what happens when guests don't have WI-FI. 

[Geri26]

Putting that one in my memory bank for 'just in case' @Cherie71  - love that idea!!!!

[Russell49]

I thought about doing this last night then seen this post-haha

[David7058]

This is illegal in some cases, be careful with this method.