Long term stay guest won’t leave need eviction help!

[Patricia3624]

Help!

I have an Airbnb in Arizona and I have a person that rented my vacation rental for long term stay as a single guest he said he was contracted to remodel a resort hotel and wanted to stay a few months. After my neighbor called with noise complaints at 8 pm at night I found there were 5 people staying there and neighbor said they parity hard and brought women drinks and smoke. Smoking is not allowed inside or around the premises.

When I called him he asked me which Airbnb I was calling about. He had rented two Airbnb Single story and double story house. He had 5 people at the single and 6 people staying at the double.  I had to let him know mine was the single story. He said he will call his guys staying there and call me back. Long story short I was not comfortable with this situation.  

After calling Airbnb several times and transferred from one person to next with each call final the “safety ambassador” investigated him and cancelled his reservation. They let me know after they cancelled the stay to check if they have left if not then to let them know that they need to check out immediately. When I went there was a truck on the driveway and someone was there and we tried to let him know he said he “does not speak English” and called someone on the cell. I saw a double air mattress in the living room. I called Airbnb and my request for support ticket has been open for 12 hrs no one working on it. I instead to call some eviction lawyers today.  

[Emiel1]

@Patricia3624 

Airbnb can not do much for you. Depending on local laws, guest can claim "tenant rights" and they do not want to leave. That's why you need the laywer. Or shutdown facilities (like gas, elektricity) and they probably will leave soon..

[Ted307 · Accepted solution]

@Patricia3624 

How long have they been there? If less than a month, that is better. They have violated the terms of your rental agreement, it sounds like. Here are the basic tenant obligations in AZ:

The tenant shall:
1.Comply with all obligations primarily imposed upon tenants by applicable provisions ofbuilding codes materially affecting health and safety.
2.Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit.
3.Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner.
4.Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
5.Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises.
6.Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.
7.Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises.
8.Promptly notify the landlord in writing of any situation or occurrence that requires the landlord to provide maintenance or make repairs or otherwise requires the landlord to take action as prescribed in section 33-1324.

Sounnds like they have definitely violated #7 at least. You can read the whole thing here:

https://housing.az.gov/general-public/landlord-and-tenant-act

[Patricia3624]

Thanks for sharing the information @Ted307 unfortunately it’s been over 30 days. Hope everyone else can avoid scammers like this. With rents going up Airbnb are venerable to these types of scams and there is no host protection.

[Patricia3624]

They vacated, I am so relieved!! I was not looking forward to going to the police station and file a police report. Or hire an eviction attorney. Airbnb gave me a web portal for law enforcement and email to reach them and told me to contact local law enforcement.  I am happy to say this turned out well under the circumstances but I am so scared of repeating the experience again. I am looking to convert the home into a long term rental and only worry about evictions yearly and not on a monthly basis. 

[Ted307]

@Patricia3624 

Exactly the reason our max reservation is 14 days. We do not want a guest to have tenant's rights. I did have to do an eviction once, in California. I would not recommend it. So far we have not had a short term vacationer try and over stay their reservation. Glad it worked out for you! Long term landlords have more protection with a deposit and a lease, but you can still end up having to evict.

[Helen3]

Or you can vet guests carefully, have CCTV at your listing which would have picked up that you had people not on the booking using the property and take bookings for less than 30 days @Patricia3624 

A horrible experience- glad it worked out for you. 

[Jenny]

This sounds like a difficult situation @Patricia3624 - I'm relieved to hear that there was a positive ending.  Will you be looking to make any changes to the length of your bookings after this?

Jenny