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Updated about 6 years ago on . Most recent reply

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Gui Qiu
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Can I self-help evict guest on a daily rental agreement?

Gui Qiu
Posted

complete discussion at : https://airhostsforum.com/t/how-do-i-remove-these-...

I am a Airbnb Host in Riverside, CA, I had two guests who is a couple, got 14 reviews with all 5 star, was on my house in Jan 3 to 5 , after they left for a while ,they come back without using Airbnb, knock my door and asked for help as they have no else where to go because of some life problems

so I let them stayed since JAN/12/2019 in a corner of my house for $10 per night

however they are not paying the rent since JAN/21/2019 and refuse to leave, since they were unable to pay at that time ,I let her give me her laptop to ensure she will make the payments later.

this is where things getting out of control, she thinks she got an agreement , the girl was damaged my property and I have my other lodger text me about her unsafe behavior,threatening others, arguing, loud and noisy, which is still in my phone as proof.

after this happened ,I have returned the laptop to her and she signed another document, state that the laptop is returned and no payment is paid.

I already send her 3 days to quit notice on JAN/30/2019 and her “agreement” ends in FEB/09/2019, only the girl is on the agreement however her boyfriend is also staying.

now she claims that she is mentally disabled ,and whatever she did was when she is not taking her medicine , and I cant refuse to rent to her just because she did not take medicine.

she said that by not renting to her , but still renting to other person would be a discrimination, and she also think she can make me in problem as I rent a space that is not a actual bedroom.

in this case, how do I move her out of my way? in the “agreement”, I clearly state that they are just lodger but also used the word “rent”, since they are staying in same house as me, cant I just lock them out without court processing?

any sussgestion would be great!

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Julie McCoy
  • Real Estate Agent
  • Sevierville, TN
1,565
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Julie McCoy
  • Real Estate Agent
  • Sevierville, TN
Replied

I just read the thread you linked.  Those people are not moving out on Feb. 9 no matter what they said to you.  They want to stay beyond 30 days because they know that after that it will be MUCH harder for you to kick them out.  And if you don't get an attorney involved you will probably NEVER get rid of them.

This is serious.  They're trying to take advantage of you.  You cannot believe anything they are telling you.  And if you do not do as we're advising you to do, it's going to cost you a lot more money (not to mention stress) than dealing with them right now.

You don't need an attorney to evict them - yet.  You need to TALK to an attorney to find out what you are allowed to do to get them out without evicting them.  They have not been there 30 days yet.  You need to ask an attorney WHAT ARE YOU ALLOWED TO DO TO GET THEM OUT.  Are you allowed to change the locks?  You might be right now, but after 30 days you will not be allowed to.  If you're advised that you're allowed to change the locks, DO IT RIGHT NOW.  Do not wait.  Do not be nice.  

You will probably have to pay the attorney for their time and advice.  It will be worth every cent.  It will cost you a lot more if you continue waiting.

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