Airbnb Guest Refuses To Leave? Here’s What To Do

With the Airbnb platform’s remarkable success, many new ‘landlords’ have been caught unaware of tenancy rights that protect unscrupulous Airbnb guests.

The Pashinin brothers caught the world’s attention with their 2014 takeover of a Palm Springs Condo, and horror stories abound of similar fraudsters seeking to exploit the Airbnb platform. Every Airbnb host should be abreast of local laws to know the procedure should a guest refuse to leave.

If your Airbnb guests refuse to leave, here’s what to do: contact your guests on both private and recorded Airbnb channels that they are no longer legally entitled to remain on your property. Consult Airbnb support and complain. If the dispute is not solved, contact your local police.

Airbnb hosts should protect themselves from those who seek to invade your property without any respect for your rights. If you arm yourself with knowledge of your local and state laws, you can prepare for situations such as these.

For this reason, we have several posts on how hosts can protect themselves from malicious guests, which you can check out here:

• Party Prevention Devices
• When Airbnb Guests Get Tenant Rights
• Can You Kick Out Airbnb Guests?
• Can Guests Sue Their Hosts?
• Best Insurance Providers For Short Term Rentals

Additionally, we’ve got a quick video explaining everything you need to know about kicking out your Airbnb guest:

But if this is an emergency or you’re concerned a situation is about to develop, here are some ways to deal with overstaying guests and ways to prevent the cost and frustration of guests who just won’t leave.

What Are Airbnb Squatters?

Each US state has its laws regarding squatters’ rights and adverse possession. Under adverse possession, the squatter would usually have had continuous property possession for several years to have rights to privately owned property. However, local laws may often supersede state laws when it comes to squatter’s rights.

The New York City local laws differ substantially from New York state laws in that squatters gain legal rights to remain on a property after 30 days even if they signed no lease agreement.

Unscrupulous individuals may seek to take advantage of local squatting laws to stay on your rental property without paying until the lengthy eviction process comes to completion.

Airbnb owners would then expect to:

• Give your tenant notice of eviction and the reasons for the eviction order
• Institute an unlawful detainer action against the tenant
• If the court determines that the eviction is warranted, they will issue a writ for the eviction
• Local law enforcement will then affect the tenant’s removal

What Are Squatters Rights?

Unfortunately, squatting is ubiquitous with the human experience and has been discussed as long ago as 2250 BC in the Code of Hammurabi.

Although our civilization has changed, modernity has done little to change the fact that people will squat. Many Airbnb hosts are finding out the hard way that guests may exploit the laws that protect tenants from claiming a free ride at their host’s expense.

Although adverse possession may occur in tenant/landlord disputes, typically, the continuous occupation is calculated over a process of several years and does not come into play in the Airbnb type rental situation.

However, tenants do have constitutional rights that protect them from eviction and actions that may infringe on their tenant rights, generally when they have stayed in the property longer than 30 days.

When Is an Airbnb Guest Considered a Trespasser?

Laws vary from state to state in the US, but typically, a guest commits a crime of trespass by remaining on your property without permission from the owner. However, police are understandably wary of taking action against tenants without clear information on whether they violate tenant protection laws.

If your unpaying tenants commit no other crimes, the police are likely to advise you that your dispute is a civil case and advise you to follow formal eviction procedures, which can take months.

While laws vary between states, a landlord can not evict tenants without following the proper court procedures, which include:

• Filing for an eviction lawsuit
• Obtaining a court order for your guest’s eviction
• Ensuring that Sheriff’s deputies undertake the eviction process

What Procedure Should I Follow When Asking a Guest To Leave?

If your guest has overstayed by a short amount of time, it is important not to jump to the worst-case scenario. Many everyday events might delay the checkout process, especially those guests who have younger children. Most overstays are a result of oversight or poor timekeeping and may be solved quickly.

If you have communicated your check out procedure clearly and sent a reminder 24 hours ahead, you should follow the following procedure:

• Send your guest a friendly reminder, asking if they need assistance with their check out. Remind them of the agreed checkout time, and ensure that you post the message on the Airbnb platform. It is advisable to only communicate through Airbnb’s messaging system so that you have a written record of the conversation.

• Phone your guests and remind them that your cleaning service is waiting to gain admission into the rental to ready space for the next guest. Document.

• If your guest does not respond to your requests, repeat the above procedure, and remain friendly and calm. There is no reason to get a bad review because your guests are running late; it has happened to all of us before in hotels, lost keys, or lengthy goodbyes.

• If your guest is late, remind them of late check out penalties stated in your agreement and remind them that they might be responsible for cleaning service delays and costs. As above, always send a duplicate message to the Airbnb platform, such as: “Hi, I notice that it is now 1 PM, and an hour has passed since your agreed checkout time. Please contact us if there is a problem we might assist you with.”

• If repeated attempts at contact have failed and your guests are unresponsive, you should notify your guest of your decision to contact Airbnb’s 24-hour Support Team for assistance.

• The support team should rectify the situation or advise you if police intervention is a necessary step.

Always Try the Polite Approach First

A healthy measure of respect and fairness may prevent many acrimonious legal disputes. In our increasingly litigious society, often people jump to decisions before a reasonable and fair discussion.

You should sit down and speak to your guests about the situation and determine why they remain on your property.

If your guests are in unexpected financial difficulty, you could suggest a payment plan whereby each party is satisfied. Good relations between yourself and your unwanted guests also eliminates certain ‘revenge’ tactics that could leave your property and possession damaged.

If your attempts at reaching a mutually beneficial conclusion are not successful and it is clear that your guests mean to exploit the situation, it is then time to seek further legal recourse.

Don’t Take Matters Into Your Own Hands

Although it is tempting to march in and throw out your non-paying Airbnb squatters, you need to follow protocol when asking guests to leave.

The first step is to notify Airbnb immediately, and if the guest has been there only a short time, Airbnb will usually help resolve the problem.

It would be best if you never attempted to remove tenants forcibly or in any way interfere with their possessions, as this can lay you open to legal ramifications. If your guests have stayed longer than 30 days, forcibly evicting your tenants without following the legal process will be putting you on the wrong side of the law.

What Should Airbnb Owners Never Attempt Regarding Guest Eviction?

In 2019, a case of an Airbnb owner’s eviction of squatters went horribly wrong in Mountain View in Santa Clara County, California.

Renna Saini attempted to evict her Airbnb squatters by breaking into the apartment with a group of friends and found herself arrested for attempted robbery, burglary of an inhabited dwelling, and unlawfully shutting power off from home.

These “self help” tactics are common ways hosts are getting into serious trouble with the law. Other’s include:

• Disabling locks (if remote smart locks are used)
• Overriding remote thermostats to 100 degrees
• Turning on loud alarms/sirens (if using remote noise monitors like Minut)

This case highlights the importance of following the correct legal procedures when evicting Airbnb guests. As frustrating as it may be that your guests have occupied your property and refuse to vacate, hosts should protect themselves from rash actions and potential criminal liability.

The three most damaging actions a host may attempt in terms of guest evictions are:

• Cutting the electricity line or utilities to the property. Cutting off the power supply or water to a property with residents is illegal, and nearly every state forbids landlords from exercising such actions to even non paying tenants.

• Threatening or intimidating your non-paying guests. Threatening or attempting to intimidate your guests is also against the law, and your unwanted guests may sue. For example, the “Proposition M” law protects tenants from landlord harassment of up to $1000 for each offense.

• Attempting to evict unpaying guest yourself physically. Attempting a forced eviction without following correct legal procedures could result in a landlord not only being sued but facing jail time.

How Can Airbnb Owners Prevent Squatters?

The onus is on you as an Airbnb property owner to ensure that you proactively eliminate unwanted and unpaying guests. The Airbnb Host Guarantee is a secondary cover at best, and it is up to you as the owner to ensure protocols in your booking and rental process to discourage squatting behavior on your property.

If you are ignorant of the local laws that protect tenant rights (even over the landlord’s rights), it is no excuse in a court of law and may cost you both lost rental income and legal fees.

Forewarned is forearmed when it comes to protecting your Airbnb investment, and you should ensure that you take the following steps to keep your space squatter free.

Screen Your Guests With Care

It is essential to be circumspect about potential guests that make a booking in your Airbnb property. Much like you would not welcome a stranger off the street, Airbnb hosts should exercise due diligence in the booking process to eliminate potential hazards.

Airbnb hosts may sometimes be lax or overeager to take that last-minute booking to prevent their rental from standing empty, but this is usually a risky undertaking.

Although there are always guests who are subscribing to Airbnb for the first time, it is still a good idea to treat potential guests who have no proven ratings with a healthy dose of scrutiny.

One should spend more time on preliminary messaging when dealing with unknown entities (without appearing rude) to ensure there isn’t a more sinister reason behind their lack of visible Airbnb history.

You should always ensure that your potential guests have an Airbnb verification badge and a completed Airbnb profile. Airbnb supports hosts that require Airbnb verification, and one can easily state that it is your standard policy to eliminate arguments or pushy behavior from those attempting a booking.

Verification is a reasonable request, and belligerent or pushy reactions are a red flag to potential scammers or nightmare guests.

Airbnb allows members to link their social media accounts to their profile, and it’s pretty easy these days to spot a fake media account. Scammers who set out to trap unwary short term rental hosts are unlikely to create a believable social media background.

Don’t Communicate Outside the Airbnb Platform

Always be suspicious if a potential guest attempts to communicate with you off the Airbnb platform. The Airbnb platform has specific safeguards in place that protect both host and guest from exploitation.

Outside of Airbnb, it may be easy for a person to create throwaway emails and fake accounts and bypass proper verification.

Airbnb owners may retrieve Messages within the Airbnb system to settle a dispute or support complaints against guest behavior. Every part of your correspondence should have a record on your Airbnb messaging history, and there is no reason you should engage in communication outside the platform.

If your guest communicates with you via text or Whatsapp (which can happen in emergencies), you should always send a follow-up message through the platform confirming the conversation you had with your guest.

If a guest pressures you to communicate outside of the Airbnb platform is generally a sign that something is amiss, and it should be a red flag.

Avoid Long Term Stays Wherever Possible

Most states in the United distinguish between standard rentals of 30 days and over and short-term rentals under thirty days and treat them differently in terms of tenancy laws.

Once a guest has occupied your rental for longer than thirty days, they receive certain occupancy rights according to the law, which may make eviction a long, litigious, endeavor.

Be aware that unscrupulous guests are savvy enough not to request 30 days or more upfront and will often make a two-week booking and attempt to extend their stay longer. However, this can also happen for legitimate reasons as well.

Use your gut instincts and be aware that once you allow your guests to stay for 30 days or longer, you may open yourself to Airbnb squatters seeking to take advantage of the Airbnb systems.

Know Your Local Tenant Laws

The exact amount of time a tenant must stay to be protected by tenancy laws varies from state to state, which is why Airbnb hosts must be familiar with the laws that govern their particular jurisdiction.

Because many states distinguish between a transient (traveling) guest and a tenant, allowing stays 30 days or longer may make eviction problematic.

Local laws may also differ from state laws regarding tenancy, so hosts should ensure they exercise due diligence in understanding their specific legal rights. For example, in some states a guest can earn tenancy in only 14-28 days within 6 months (and they don’t even have to be consecutive).

Airbnb owners attempting to remove guests at sufferance must follow the eviction protocol for their designated area, and the process may take months.

Make a Clear Contract and Ask Your Guest To Sign It

The second most important aspect of dealing with potential ‘overstays’ is communicating your terms and conditions of your guests’ stay. Airbnb hosts can ask their potential guests to sign a rental agreement specifying the rules and procedures.

These contracts ensure that your guests are aware of check-in and checkout times and payment terms, as well as rules of conduct and liability for damages in your rental. If you have stated your expectations for guest procedures, you will have legal recourse should your guest claim ignorance or falsely claim your agreement in their overstay.

The best policy is to include this information in your listing, your welcome books, and your initial check-in messages. You should also ensure that your potential guest confirms their acceptance of the terms and conditions before allowing them to stay on your property.

As a host, you should ensure that your guest signs the rental agreement before entering your property or at the key exchange. You can either affect this by email or in-person where possible. It is best to clarify that the agreement’s signing is a prerequisite for your guests’ stay. Both you and your guest should keep a signed copy of the contract.

Savvy Airbnb hosts also have an automated process whereby guests are reminded of the check out procedures 24 hours before their agreement expires. Hosts should include these reminders on the Airbnb portal in the case of potential disputes.

Conclusion

Despite the abundance of horror stories on social media, squatters are not an everyday occurrence and can be avoided by savvy hosts. If you are aware of potential squatters’ signs and conduct your due diligence in the booking process, you should remain free from guests who won’t leave.

Avoid longer-term stays as a standard, and take the time to ensure that your potential guests won’t turn out to be your greatest nightmare.

Keep your dealings on the Airbnb platform at all times and ensure that your experience on Airbnb is a lucrative and pleasant one.