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Evicting renter from a vacation rental property
Hello All,
I have a one-bedroom vacation rental condo in Palm Springs that has been listed on AirBnB for about a year now. I have my first stressful problem: a vacation renter with a 44 day reservation who will NOT leave now that the reservation has expired. (Payment was received for first 30 days, but not for the remaining 14 days). This is all new, to me, and I believe I have a professional scammer on my hands.
Unfortunately Airbnb has not provided support, and is only helping me via email responses every 48 hours or so. The information from Airbnb has been confusing, convoluded and contradictory at best. The summary is that somehow Airbnb collected payment for the first 30 days rental, and was unable to collect payment for the remaining 14 days. The renter has been there 14 days without paying. Today is the date that this reservation expires. (Original reservation May 25-July 8th.)
The tenant is refusing to leave, and sent me a text message this morning that borders on blackmail. I believe he is a professional scammer, and I now need to hire an attorney.
Has anyone had to deal with a similiar situation, or have advice to offer? Does anyone have a landlord-tenant attorney recommendation for the Palm Springs area?
Thanks for reading, and thanks for potential suggestions/solutions.
Sincerely,
Cory
Does VRBO.com have better support? Would it be worth switching to that site after this situation?
(Not trying to change the subject, just wondering if this would be a long term solution)
my advise: don't get distracted right now by what airbnb will/will not do. You now have a legal tenancy on your hands. And I don't think airbnb is equipped, or is even responsible, to handle that.
#1 priority is to work with your lawyer (hopefully s/he is good, and well versed with CA evictions) to get this f*cker out of your unit ASAP! Document everything. My goal would then be for airbnb to pay for all your damages- attorney fees, lost rent, any damages. That, I think, is reasonable for them to do. Good luck with everything.
Originally posted by @Amit M.:
my advise: don't get distracted right now by what airbnb will/will not do. You now have a legal tenancy on your hands. And I don't think airbnb is equipped, or is even responsible, to handle that.
#1 priority is to work with your lawyer (hopefully s/he is good, and well versed with CA evictions) to get this f*cker out of your unit ASAP! Document everything. My goal would then be for airbnb to pay for all your damages- attorney fees, lost rent, any damages. That, I think, is reasonable for them to do. Good luck with everything.
I agree. Lawful eviction first. Damages from airbnb later. To be fair to airbnb, it would be unreasonable to expect any more from them than damages and reimbursement costs associated with a squatter/tenant situation. They simply can't manage lawful evictions or ejectments in every state and every country. That would be absurd.
"They simply can't manage lawful evictions or ejectments in every state and every country. That would be absurd. "
Respectfully, they are an $18 billion company.....if they value their reputation, they absolutely will build a competency in managing lawful evictions or ejectments in every state and every country, or outsourcing to companies that can.
Quick update--today I received payment from airbnb for the unpaid 14 days of this occupier's stay. It is unclear if this is compensation by airbnb, or if airbnb actually collected this payment from the occupiers credit card. That brings him paid up through the original reservation contract that expired July 8th, 12 Noon.
He still refuses to leave. The attorney I'm working with is moving forward with serving a 30-day notice today. Attorney looking into laws around this squatter using my condo to running some sort business (there is computer equipment all over the living room (seen through sliding glass door from outdoor common area).
I'm reaching out to my network to get help getting my story out. I'm starting a blog to document my experience on this journey. I'll work on it and aim to have something up by this weekend. I'll post the link once I'm up and running.
@Johnson H. Darnit I need your advise two days ago!! Airbnb deleted all the conversations I had with this squatter as well. There were two very contentions emails from the squatter, that unfortunately I did not take a screen shot of..hindsight 20/20.
I do still have the email trail from multiple uninformed customer service agents, documenting conflicting information provided by different agents.
Wow...Stay strong and don't take it personal....It will cost, but you can recover and move on..
Originally posted by @John D.:
"They simply can't manage lawful evictions or ejectments in every state and every country. That would be absurd. "
Respectfully, they are an $18 billion company.....if they value their reputation, they absolutely will build a competency in managing lawful evictions or ejectments in every state and every country, or outsourcing to companies that can.
Point taken. If BofA or Chase can outsource property preservation, management and evictions for all their REOs in every state, then there's nothing preventing airbnb from doing the same. Just a matter of their bottom line I guess.
#2 Contractors Contributor
- Severna Park, MD
First , if the guy is making that kind of money , with computers , is it legal what he is doing ? ( if he is scamming you who else is he scamming ) You can't kill the electric , but you can disconnect the cable tv and any internet service you are paying for . Contact the local police if you believe what he is doing is illegal . If you need to see the inside of the house , thats easy , be there when the Air Conditioner repair man goes to fix the AC unit . Of course its broken , those little low voltage wires to the unit always get damaged .
Originally posted by @Cory T.:
Quick update--today I received payment from airbnb for the unpaid 14 days of this occupier's stay. It is unclear if this is compensation by airbnb, or if airbnb actually collected this payment from the occupiers credit card. That brings him paid up through the original reservation contract that expired July 8th, 12 Noon.
He still refuses to leave. The attorney I'm working with is moving forward with serving a 30-day notice today. Attorney looking into laws around this squatter using my condo to running some sort business (there is computer equipment all over the living room (seen through sliding glass door from outdoor common area).
I'm reaching out to my network to get help getting my story out. I'm starting a blog to document my experience on this journey. I'll work on it and aim to have something up by this weekend. I'll post the link once I'm up and running.
I suspect the 14-day payment was not collected from the squatter. It sounds like a customer service move. I'm sorry to hear that airnb deleted your conversations. It makes them look like they are covering their tracks and want it to look they have no knowledge of details of the issue. Yuk. I take back what I said about going after airbnb later. Let us know how we can help with your online campaign.
That 14-day payment might screw up your eviction. Technically the squatter is now paid up through yesterday, correct? If the squatter didn't make the payment, I'd ask your attorney about whether you should try to get something in writing from airbnb that says that the payment was a customer service satisfaction payment. In addition to the 30 day notice, is your attorney also mailing/posting a 3-day pay-or-quit and/or a notice to quit? The squatter owes rent starting today. Without a rental agreement, CA UD courts will usually look to the existing arrangement, which is the day or week rate the squatter was paying previously (back when he was a paying guest).
Originally posted by @Cory T.:
Quick update--today I received payment from airbnb for the unpaid 14 days of this occupier's stay. It is unclear if this is compensation by airbnb, or if airbnb actually collected this payment from the occupiers credit card. That brings him paid up through the original reservation contract that expired July 8th, 12 Noon.
He still refuses to leave. The attorney I'm working with is moving forward with serving a 30-day notice today. Attorney looking into laws around this squatter using my condo to running some sort business (there is computer equipment all over the living room (seen through sliding glass door from outdoor common area).
I'm reaching out to my network to get help getting my story out. I'm starting a blog to document my experience on this journey. I'll work on it and aim to have something up by this weekend. I'll post the link once I'm up and running.
OK, I'm wondering now: Is this a misunderstanding? For long term guests (longer than 30 nights), you normally get paid for the first 30 nights and when that period is over, it does take another 24 hour for Airbnb to send you the payment. I have had guests who stayed for 3 months or 2.5 months or even a month and a week. So the timeline was as follows:
- 24 hour after guests check in, I get the 30 nights payment
- Once 30 nights is due, on the 31st night, I get payment for either the following month, or the rest of the nights booked, in your case it was 14 nights.
So that would sound normal to me and if the guests refuse to leave before his reservations ends, that is normal to me as well.
Maybe check the situation with Airbnb first and get all the facts straightened out?
@Cory T. : I just re-read your original post. Looks like his reservations were already expired. I'm not understanding how you didn't get the 14 days payment on the 31st day tho since Airbnb collects payment in advance from this guest.
But the fact that he doesn't want to leave when the reservations was due definitely confirmed that he's a squatter. Like someone said, lots of us could relate to your situation and hoping you could come out of this stressful situation.
I'm sure if you can work closely with an attorney, chances are good that this is not the first or last time they have heard of this problem. Take notes and learn from the process
I'm so sorry to hear this is happening to you. I have dozens of rentals listed on Airbnb and never had too much problem, other than a few damage claims I had to fight with them about. Their customer service is mediocre at best. I've had lots of rentals that were 30+ days and never thought much of it. I've never had a problem so far, thank goodness. Because of this post, I'm going to have to figure out a way to get around the 30 day rule. Move them to a hotel for 1 night, then back in? Time to talk to a lawyer.
Please keep us posted. I'm very interested in how this turns out. It could happen to any of us at any time.
@Account Closed No this is not a misunderstanding on my part. Below is one of many many many emails from airbnb that may answer the questions you are asking me. Basically my situation is an exception to the/their norm:
Hi Cory,
Our attempt to charge M----- for the balance due for reservation 2TRTHE during May 25, 2014 - July 08, 2014 did not succeed. This is a fairly common situation that can usually be fixed within a couple days with the cooperation of the guest. We've contacted the guest (CCed here) to facilitate resolving the issue.
The reservation is still being held and we suggest that you honor it for the time being. When we succeed in charging the guest we will send you a follow-up e-mail. If however we do not succeed or the guest cancels in the meantime, we cannot be liable for issuing the payout. If you wish to cancel the reservation, you can do so without penalty.
Regards,
The Airbnb Team
Good suggestions...also have been advised to contact real estate beat reporters at SF Business Times, and the local equivelent.
@Lynn Currie True, and yes, I believe hold time has improved.
@Account Closed I cannot express how helpful all of your comments on this thread have been. You clearly have a wealth of knowledge, and I appreciate each piece of info you have shared. Thank you sincerely. I will udpate more related to your most recent post/proposed problem--the 30-day notice/issues with that if the squatter is now "paid up" through July 8th. In a nutshell, we may have found a loop hole due to the fact that he is operating a business out of the condo. I should know more tomorrow,
@Account Closed Good suggestion, thank you.
@Account Closed Yes Michelle, now is a good time to do that research. I like the creative idea) check out stay at hotel then come back). Good luck, and may you never have a professional aibnb squatter cross your path!
@Jean Lan Thanks good suggestion
@Dmitri L. Thank you. Reddit/Techcrunch have also been suggested.
@Jason Kha Thanks.
@J. Martin Hey J! Thanks for your suggestions. I have had a suggestion of picketing outside their headquarters...if I become an activist I'll hit you up to join me and hold a sign. :-)
Originally posted by @Karin Crompton:
@Cory T. so sorry to read of all of your trouble, and I'm sure there are a lot of people here saying, "That could have been me." This thread will prove very useful to other vacation rental owners and is a cautionary tale w/great advice. I'm just sorry that the great advice and info is the result of something terrible you've had to go through.
I don't have much to offer on the eviction side of things, but I would like to stress how incredibly useful the press can be. I worked as a newspaper reporter for almost 20 years and have seen first-hand how powerful the negative publicity aspect can be. Reporters live for this kind of thing: a story where they can shine a light on wrongdoing and, through public pressure, change occurs or an organization that was ignoring the little guy suddenly finds a conscience (albeit for show). PR is an amazing thing. In this case, I have little doubt that AirBnB would become much more involved once your story gains some traction. Additionally, the scammer's name would most likely become public and be easily searchable forever - potentially helping future vacation rental owners and landlords alike.
I fully recommend touching base w/print and TV reporters. As others here have said, find out who covers the vacation rental industry and contact them asap. This is a great industry story (in reporter's terms, obviously, not great for you) - you've got the little guy being scammed, a dirtbag renter/squatter, a gigantic company trying to ignore the problem, and a laundry list of "Did you know?" type of info to inform and enlighten readers about the legalities of these situations.
I wish you luck and a fast resolution!
Yes Karin, I am hopeful that this situation will help others, and hopeful that airbnb will begin to take customer service more seriously. That is basically what we are paying them for... Yes thank you for the reminder about publicity, I am working on that part right now.Many good things could come from making this story/saga public. Thank you also for the specific examples--this is very very helpful!
@Rolanda Eldridge Thank you.
@Matthew Paul Thanks for ideas...I've been advised not to mess with anything in my condo, including cable and internet. This would only strengthen a potential case of retaliation. The police cannot enter the unit for suspected criminal activity. The laws in CA are likely more lax than where you are unfortunately.
I do more than my fair share of evictions here in SoCal. They cost anywhere from $600 to about $2,500 and take a few weeks to a few months. Just depends on what happens. In extreme circumstances, they can cost and take much longer, but those situations are really rare. Luckily, I haven't had to go to trial by jury or dealt with a BK filing... yet.
If the tenant files an answer and it is baseless, I go for the MSJ, or motion summary judgement. That'll run you about $1,500, but you don't have to go to court. If that doesn't fly, then you have to go to trial and your lawyer should be present which is another $250 or so. Luckily you will be in Riverside County and I've had good luck here. The judge actually thanked me one time for being a landlord and being willing to take the risks that I take. He also said the community appreciates and needs my service.
If I were in your situation - don't do any of the vindictive, tenant harassment things you and others are contemplating/suggesting; blog posts, wire cutting, utility canceling, etc. It will only get you in trouble. And in the court's eyes, it is vindictive, tenant harassment. Cease communication. Let the lawyer deal with it and await your day in court. You can make a big production out of it later.
All businesses, let me repeat myself, ALL businesses experience loss. People shoplift from the local convenience store, homeless people do beer grabs at the liquor store, diners dine and dash, employees steal, rehabbers get appliances stolen, insurance companies get fraudulent claims, banks have loans go bad, tenants don't pay rent, etc.
You're going through your business's period of loss. Don't let your emotions cause you to make stupid business decisions. Yeah, the tenant is a douche. So what? Lots of people are douches. Yes he's stealing from you. Whoopy ding-dong. Nobody ever stole from you in the past? If not, this will be a good experience on how to deal with it when you get more stuff stolen from you in the future. Like Forrest Gump says "It happens."
Stay in touch with your lawyer to get progress updates. If you do some of the illegal suggestions above and this tenant is in fact a pro, it will only be used against you in the court of law. My personal blog has a very recent post I wrote on how I win in court every time. You can find it at my name dot come. Not sure if they allow external links on this site.