Dealing with Airbnb Guests Who Refuse to Leave: A Comprehensive Guide

Dealing with an Airbnb guest who refuses to leave after their reservation has ended or is causing prolonged inconveniences can be a challenging situation. Whether it's a few days overdue or extended to weeks, here's a comprehensive guide to help you navigate through legal and practical steps to resolve the issue effectively.

Step 1: Contact Airbnb for Assistance

Your first line of defense should be Airbnb's customer support. They have protocols in place specifically designed to assist hosts in situations where guests do not check out as scheduled. By contacting Airbnb, you can request their intervention, which may include:

Mediation between you and the guest to find a solution. Guidance on the next steps to take. Potential charges for the guest who remains beyond their stay.

Example: 'I recently had a guest who overstayed their initial reservation and refused to leave. I contacted Airbnb, and they were able to charge the guest for each day they remained. However, if this were a prolonged stay, further action would be necessary.'

Step 2: Understand Local Laws

Every location has specific laws regarding eviction, and it's crucial to understand your rights as a host. Even if your guest is breaking their terms, you may need to follow a specific legal process to evict them, especially if their stay is extended. Researching your local landlord-tenant laws will help you:

Understand legal procedures for eviction. Avoid any missteps that could complicate the situation.

Example: 'I spent a lot of time researching local landlord-tenant laws before taking any action. This guided me through the formalities and helped me understand the exact steps required to legally evict a guest.'

Step 3: Contact Law Enforcement

if the guest is refusing to leave, even after following all legal and internal Airbnb procedures, involving law enforcement might be necessary. However, police officers may handle such cases differently.

When to Call the Police

It's essential to be clear about the situation when contacting law enforcement. Provide them with all the relevant information, including documentation of communication and actions taken thus far. Here are a few scenarios where calling the police might be appropriate:

Guest is causing significant disturbances or threats. Guest is staying beyond legal permissible limits. Guest is attempting to oust you from your property.

Example: 'When my guest refused to leave after a three-week extension, I called the police. I provided clear evidence of all communications and actions taken, and fortunately, they intervened and removed the guest.'

Step 4: Document Everything

Documentation is key in any conflict or legal issue. Maintain a detailed record of all communications, agreements, and actions taken regarding the situation. This documentation can be vital if you need to escalate the matter:

Keep copies of all emails, messages, and letters. Note dates, times, and locations of all interactions. Document any violations that the guest may have committed.

Example: 'I began documenting every interaction and kept a record of daily emails and notes. This helped me prove the guest's refusal to leave and supported my case when dealing with Airbnb and law enforcement.'

Step 5: Consider Legal Action

If the guest still refuses to leave and you've exhausted all other options, you may need to consider legal action. This process can be time-consuming, so it's crucial to act quickly:

Seek an eviction order from your local court. Follow the court's instructions and requirements. Fully understand the legal terminology and steps involved.

Example: 'After several failed attempts to resolve the situation, I decided to file for an eviction order from the local court. This required a lot of documentation and court fees, but it ultimately ensured my property was returned to me.'

Best Practices and Caution

While taking these steps, it's crucial to prioritize your safety and avoid confrontations with the guest. If you feel threatened, involve law enforcement immediately. Always seek the advice of a legal professional to ensure you are taking the right actions and following the correct procedures.

Additional Tips:

Review your Airbnb listing and check-state laws to ensure compliance with local regulations. Consider the possibility of the guest having tenant rights if they have overstayed a significant period. Explore alternative solutions, such as playing loud music or other disruptive actions, if guests are considered just guests within the legal framework.

By following these steps, you can effectively address the issue of an Airbnb guest who refuses to leave, ensuring your property and rights are protected.