Do Airbnb Guests Have Tenant Rights? What You Need To Know

Renting out your home on Airbnb can pose some serious questions about legal protections and tenancy. It’s important to know what your rights are before you get into any difficult situations with guests. So, let’s get to a pressing question: Do Airbnb guests have tenant rights?

Airbnb guests can gain tenant rights after about 14-28 days, but the exact duration varies depending on your State. If they establish tenancy, your guest can legally refuse to leave even after their booking ends. To prevent this, avoid renting long-term, or have guests sign a rental agreement.

If you’re an Airbnb host totally new to renting rights and protections, don’t stress. This article is for you. Keep reading to find out how guests can establish tenant rights, what happens if they do, and how you can prevent it from happening in the future.

Who Has Tenant Rights in an Airbnb Property?

Most hosts maintain tenant rights by default unless they legally sign it over to their guest. However, this only goes for short-term stays. Longer-term stays of 14-28 days can fall into a whole other category.

Depending on where you live, your guest may establish tenancy after staying in your place for 30 days. Yes, even though it is your place that you are renting to them. Most places across the United States abide by this rule. However, these specifics may vary depending on where your property is.

To know exactly what your rights are in your Airbnb’s area, it’s best to read up on your local rent laws and contact a landlord-tenant attorney to protect yourself. You can also visit Avail’s database of Landlord-Tenant Laws of the US laid out state by state for more information.

Though it may seem harmless, look into local laws before renting your Airbnb out for long-term stays. As a host, losing your tenant rights can cause some serious issues, which we’ll get into now.

What Do Tenant Rights Entail?

If you think that tenant rights are just some unnecessary legal jargon, think again! Who holds tenancy can have a big impact on who the state protects. This means that even though the lease or mortgage is in your name, it’s your guest who has legal residency.

Unfortunately, giving up your tenant rights means that it may be impossible to kick your guest out after their booking has expired. In those cases, the only way to force the tenant to leave is by formally proceeding with the court’s eviction process.

It’s a very sticky situation, but the good news is that you are unlikely to find yourself in it. Airbnb’s entire platform is built on trust, so the vast majority of your guests will be respectful of their bookings. Still, it’s good to know what you can do to protect yourself as a host.

How To Prevent My Guest From Establishing Tenant Rights

In a perfect world, all guests would perfectly abide by every rule you give them. Unfortunately, we know that this isn’t reality. Still, some rules should never be broken. It’s never okay for an unauthorized guest to overstay their booking, whether it’s legal or not.

When the state protects your guest instead of you, things can get tricky. It’s best to prevent guests from establishing tenant rights in the first place rather than fighting them afterward. Here are some things you can do to avoid such situations.

Avoid Long-Term Rentals

The most important factor when it comes to tenant rights is the duration of a guest’s stay. One has to be staying in your home for a certain length of time – usually 30 days – to even establish residency in the first place. Don’t fret about a week-long stay. That won’t be enough for them to establish tenant rights.

However, some States allow guests to establish tenancy after only 14 days.

The best way to combat any sneaky guests from legally overstaying their welcome is not to accept long-term stays at your property. As a host, you can limit the maximum number of nights a guest can stay for.

Again, check the local tenancy laws where you live to see the duration of residency needed to establish tenant rights. Then, set your Airbnb bookings accordingly to ensure your guests can’t come close to this number.

Sign a Contract

Whether you’d like to welcome longer stays risk-free, or you’d just like to have your safety guard up, having your guests sign a rental agreement before they stay can protect you if things go south.

Airbnb rental agreements can give you the upper hand if a guest attempts to claim tenancy. If a guest overstays their booking, you can take legal action against them and have an easier time kicking them out.

A rental contract’s power goes beyond solely protecting your tenant’s rights.

Do you know about the House Rules you can set on Airbnb? They’re exactly what they sound like – a list of rules you leave for guests on how you expect them to behave in your home. This can range from “No smoking” to “Please remove your shoes when you enter the house.”

Guests typically do a great job of following House Rules, but they may be violated now and then. In this case, you’ll be expected to resolve the situation directly with your guest.

If that doesn’t work, you can contact Airbnb’s Help Center for further help. Airbnb also protects hosts by providing coverage up to $1,000,000 USD ($1,277,650 CAD) on every rental.

However, if you include your Guest Rules in a written rental agreement signed by both you and your guests, these rules become legally enforceable. This can give you more protection from property damage, liability and help you carry out any necessary evictions.

Lock Your Mailbox

In many ways, hosting is a game of staying one step ahead of bad guests.

It may seem silly to use a locked mailbox (Amazon), but one simple way malicious guests who intend on establishing residency is to have mail sent to them at your address.

To prevent this from happening, secure your mailbox so that you’re the only one who is able to receive mail. If a guest tries to send a letter to themselves you can return the envelope to the sender.

The fact that they don’t have access to the mailbox will also be evidence that residency was never intended for them.

Will Forcing My Guests to Sign a Contract Scare Them Off?

This is a very real question that comes with some cold, hard truth. Honestly? Mandating that all of your guests (or at least the long-term renters) sign a written agreement can seem daunting and extreme to some.

However, if someone refuses to do so, it’s more of an indicator that they weren’t going to respect your property and rules anyway. Someone who won’t abide by your rules might not be someone you want in your house in the first place.

Note that Airbnb requires you to disclose information about mandatory contracts or agreements before booking.

The Case for Long-Term Rentals

So long as you have your guests sign a rental agreement, you won’t have to worry about them claiming tenancy. You can rent out your place long-term without worrying about legalities. Now that you have peace of mind, let’s look at some advantages of lengthier stays.

Airbnb Sublets

Airbnb has made it easier for you to host monthly (or longer) stays. It works the same way standard short-term rentals do. The Airbnb Sublet section of their website separates these two types of stays, so it’s easier for long-term guests and hosts to connect with one another.

Secures Income for Extended Period

It can be stressful waiting for your Airbnb bookings to fill up, especially if renting is your main source of income and you’re in the slow season. Subletting your place guarantees a month’s worth of income in one booking. Doing this may relieve some of the pressure you’re feeling to get your Airbnb booked as quickly as possible.

And depending on your market, it may be a better option.

Less Work for You as a Host

The longer your guest stays, the more they’ll find their footing within your place.

You won’t have to deal with constant turnover anymore, which means you won’t have to set up your home for new guests, deal with check-ins, and answer basic questions about the place (check out our post on the best hosting apps for making this easier).

You’re still their host, of course, but your job may get a little easier.

Final Thoughts

A guest can establish tenant rights by staying in your Airbnb for a month. The exact number of days it takes to gain tenancy depends on local laws, so it’s always best to do some research before booking any long-term stays. If a guest does establish tenant rights, they can legally refuse to leave, and you will need to take them to court.

To prevent situations like this from occurring, avoid renting your place out for longer stays, and make your guest sign a rental agreement before their booking begins.