Guest refuses to leave, police won't help, AirB&B won't help

[Kylie51]

After 10 years, I thought I'd seen it all.

Today, a new one. A guest is refusing to leave after their checkout at 11 AM this morning. I called AirB&B support, they said they'd ask her to leave. She refuses to leave. I called the police, they say she might have *tenants rights* because she's been staying with me for 2 weeks, and the refuse to do anything. I knocked on her door, she threatener to taze me (the police said they can't do anything unless I have video of her with the taser, which I don't)

Now I have to call an eviction lawyer, who tells me it might take 45-60 days to get her out. 

My AirB&B support person refuses to acknowledge any of this, and simply keeps saying they've asked her to leave.

How do I escalate my case to an adult who understands whats happening and not someone copying-and-pasting from an irrelevant script?

[Basha0]

after two weeks? That doesn’t make sense. That you have to get an attorney. Research it a bit more because if it were a hotel the police would do something as it is trespassing.

[Kylie51]

The officer literally told me - "Our instructions are not to get involved in short term rental disputes unless they are physically attacking you. This is a civil matter, call a lawyer."

I said - "What if it's a hotel?"

They said - "A hotel is private property, different from home, so different rules apply."

I escalated to a Sergeant who said the same thing.

I *agree* it doesn't make any sense, but I also have no idea how to go farther then that with the police.

[Shelley159]

Hi @Kylie51 

Terrible situation, I hope you resolve it soon!

Do you have other Airbnb guests on the way? Perhaps if you open a support case on the next booking and tell support that there will be a check-in issue for those guests, they will try from another angle to get the present guest out?

Please keep us updated so we can learn from your experience (and hopefully you get some great suggestions along the way) 🤞

[Kylie51]

I do have another guest checking in 4 days, I will check with AirB&B support about this, good idea!

[Dorene0]

I would call the utility company and instruct them to shut off the electricity then it will seem like they lost power

[Kylie51]

this is a 4 unit building and this is illegal even so, can't do that 😞 

[Dorene0]

or another option....go back with your phone / video on so she threatens you with the taser, then you have it on video for the police so they can do their job that your taxes pay for as they are trespassing in the first place

[Joan2709]

@Kylie51 

So sorry this is happening...what a mess.

I suggest you determine what the tenancy laws are in your state ASAP and be 100% sure they are still considered a guest and have not established tenancy in your State. Sounds like you have contacted an eviction attorney that verified that? If so, you cannot change locks, or turn off utilities/internet if this person as established tenancy as in most states that is illegal for a landlord to do. Squatting has become such an issue that many states are enacting laws requiring the squatter to show legal proof of a valid lease and imposing fines and jail time for claiming fraudulent tenancy via a fake lease. 

As @Shelley mentions, be sure to let support know that any future bookings will have to be canceled due to this guest squatting. That will cost Airbnb to have to cancel those reservations. What reason has the guest given for not leaving? I do think it's a good idea to get a video with audio with her threatening to tase you as @Dorene0 states. Why would the police not act on that? I would also get a copy of police incident report. 

If you wait too long, this person can change the locks and game over until you complete the eviction process. You could change the password to the internet if you have remote capability to do that, but I would ask your evicition attorney first as to what is allowed legally in a squatting situation. 

BTW, when the police said a hotel is private property, isn't your home private property too?

[Kylie51]

I think you're being reasonable. I am going to talk to the attorney today and see what they advise. There are no keys, the lock is wifi/code, so I am going to ask if I can simply change the codes and then they can't get back in after they leave, but if they are now a tenant, that would be an "illegal lock out" so...attorney first! 

[Joan2709]

@Kylie51 

*update

Just read some info on evictions in Oregon. You can't turn off water/heat/AC or change the locks, but it didn't say anything about internet? So maybe you can at least change the password on the internet so they can't use it, but you would have to verify that with your attorney. At least it's something. Don't cancel the internet service though, as then the squatter can just turn it on in their name.

From what I read, you can't remove their belongings/personal property, but everything else inside is YOUR personal property: TVs, beds, appliances, linens, dishes, furniture, etc. You'll have to see what your attorney says your options are. 

[Zheng49]

It doesn't make sense. The guest shouldn't have any tenant rights since it hasn't been 30 days yet. 

Maybe Portland, OR is a unique case? I tried to google it but couldn't find any specific timeframe in which when a tenant gains tenant rights. 

[Joan2709]

@Zheng49 

Oregon doesn't seem to have a specific number of days to establish tenancy. Some states in the US don't. Some states set the specific number of days (usually 28-30days). I guess to be on the safe side, Hosts in Oregon should probably state in their addl House Rules that guests booking a stay are not considered tenant, but not sure that would stand up in court.

There is such a thing as "temporary occupancy" in Oregon that doesn't convey tenant rights, but an attorney would have to advise on that.

ORS 90.275
Temporary occupancy agreement

[Kylie51]

Yeah, I think we're all realizing why the lawyer is important now...Oregon appears to be special.

[Joan2709]

@Kylie51 

I would also keep screen shots of all your commumication with the guest and with Airbnb support for future reference. The guest's profile may eventually be removed and you won't have access to your messages with them.