Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
A really hair-raising and fascinating thread about getting rid of a vacation rental guest who decided to stay and not pay.
There is much focus in this thread about the difference between evicting someone who has stayed more or less than the 30 days. Most of the commentary is misinformed IMO. In CA it actually makes no difference in practice if your rental agreement is for 14 days or 35 days. If someone moves into your unit and doesn't leave, you'll most likely have to formerly evict them. The police don't come and remove someone who says they have a right to be there. The tenant or squatter will present a rental agreement or receipt and the police will leave saying it is a civil matter.
The OP in this thread did something quite remarkable and effective: she went for airbnb's PR jugular. And it worked!
It's SOOOOO long! A timeline or summery of her actions and how it resolved may help more people get value from it.
That thread isn't something that can really be summarized. It was live interaction with what was happening with the host, airbnb, the media, the legal case and the crazy but savvy 'guest". Airbnb comes out looking pretty bad as they only responded to help the host with media pressure. The issue of how to prevent the situation goes unresolved. The take away is that it can't be prevented, at least in CA. Better vetting by the host would be a good idea. Even a basic google search on the guest's name brought up a crazy lawsuit involving a previous landlord. Crazy people can move into any unit in CA and say they belong there and you have to formally evict them.
It's a pretty entertaining read, all things considered. :)
It's SOOOOO long! A timeline or summery of her actions and how it resolved may help more people get value from it.
Go to the last page or two and watch the video(s).
Take home story:
- Understand that short term rentals are a business.
- Acquaintance yourself with local rental laws.
- If you are in SoCal, and are using your locations as a short-term vacation rental, have a maximum stay of 28 days.
Does anyone know if the gal is still an active member on BP?
While less than 30 days doesn't create tenancy per code, you'll be hard pressed to find any CA police dept that will enter and remove someone from a short term rental who claims rights or produces documentation. The police are not empowered nor equipped to evaluate the difference between a short term stay agreement or legal tenancy when the unit isn't an obvious hotel/motel. There are reports in the news every week about professional squatters who move in by trespassing and then have to be evicted with a court order. The police don't handle "civil" matters.
It's SOOOOO long! A timeline or summery of her actions and how it resolved may help more people get value from it.
Go to the last page or two and watch the video(s).
Take home story:
- Understand that short term rentals are a business.
- Acquaintance yourself with local rental laws.
- If you are in SoCal, and are using your locations as a short-term vacation rental, have a maximum stay of 28 days.
Does anyone know if the gal is still an active member on BP?
While less than 30 days doesn't create tenancy per code, you'll be hard pressed to find any CA police dept that will enter and remove someone from a short term rental who claims rights or produces documentation. The police are not empowered nor equipped to evaluate the difference between a short term stay agreement or legal tenancy when the unit isn't an obvious hotel/motel. There are reports in the news every week about professional squatters who move in by trespassing and then have to be evicted with a court order. The police don't handle "civil" matters.
I simply believe that going with a length of stay at 28 days or under will deter events such as the one outlined in the post you linked from happening.
Clearly, "squatters" are educated about the system, and are looking for easy targets. Renting outside of the parameters that con artists are seeking may help avoid becoming a victim.
Of course, this isn't a sure thing, but I'm sure business operators through AirBnB and other such venues are looking to limit liability as much as possible, and this would can possibly be one way.
A close comparison example of my point is the tool of screening tenants. As landlords, we all screen tenants to make sure they are strong applicants. Does this mean that we are completely eliminating the risk of dealing with an eviction, or issues - No. But we did minimize it by taking protocols to make sure they have a good track record. The same, I feel, would go for the use of rental terms that fall at 28 days or under.