

Question: What Happens if an Airbnb Guest Refuses to Leave?
Answer: If an Airbnb guest refuses to leave after their reservation ends, the host may face challenges in removing them, as Airbnb bookings typically do not establish a landlord-tenant relationship. Hosts should communicate clearly with guests, contact Airbnb for assistance, and if necessary, seek legal advice or involve local authorities to resolve the situation.
What Happens if an Airbnb Guest Refuses to Leave? Dealing with Overstaying Airbnb Guests
The short term rental market offers flexibility and convenience for both hosts and guests. Unexpected situations can arise. One such scenario is an Airbnb guest who refuses to leave the property after their checkout time. This blog post explores what steps to take if an overstaying guest disrupts your plans. [ 1 ]
Understanding Your Rights and Guest Obligations:
The terms of a guest’s stay are outlined in the Airbnb reservation and house rules. Here’s a breakdown of key points:
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Clear Checkout Time:
The listing and house rules should clearly state the checkout time for your Airbnb. This establishes a firm deadline for guests to vacate the property. -
Guest Obligations:
Guests have a legal obligation to respect the checkout time and vacate the property as agreed upon in the reservation. -
Host Rights:
As a host, you have the right to expect guests to leave by the designated checkout time.
Open communication is often the most effective approach to resolving the issue.
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Resolving the Issue Amicably: Open Communication and Reaching an Agreement
Before resorting to formal procedures, attempt to resolve the situation amicably with the guest. Here are some steps to take:
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Contact the Guest:
Contact the guest directly and politely remind them of the checkout time as outlined in the listing and house rules. -
Offer Flexibility (if possible):
If possible, consider offering the guest a flexible checkout time for an additional fee. This can be a solution if the guest has a genuine reason for needing extra time. -
Document the Communication:
Keep a record of all communication with the guest, including emails, texts, or phone call logs. This documentation can be helpful if formal steps become necessary.
The Guest Won’t Leave: Taking Formal Action
If the guest remains uncooperative and refuses to vacate the property, it’s time to take more formal steps. Here’s what to do next:
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Contact Airbnb:
Inform Airbnb about the situation immediately. They can provide guidance and resources to assist you in resolving the issue. Airbnb may attempt to mediate the situation or offer the guest alternative accommodations. -
Consider Involving Law Enforcement:
In some cases, involving law enforcement may be necessary. If the guest is trespassing on your property after the agreed-upon checkout time, you can contact the police for assistance. Only involve law enforcement as a last resort, following guidance from Airbnb. -
Seek Legal Advice:
Consulting a lawyer specializing in landlord-tenant law can be beneficial, especially in complex situations. A lawyer can advise you on your legal rights and next steps.
Taking proactive steps can help prevent overstay issues.
Preventing Overstays: Setting Clear Expectations and Taking Precautions
While unexpected situations can arise, proactive measures can help minimize the risk of overstaying guests. Here are some preventative tips:
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Clear Communication:
Clearly communicate checkout time expectations in your listing, house rules, and any pre-arrival communication with guests. -
Security Deposit:
Consider requiring a security deposit from guests. This can act as a deterrent against overstaying and help cover any potential damage. -
Guest Verification:
Airbnb offers guest verification tools. Utilize these tools to screen guests and help ensure they understand and respect your house rules.
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Conclusion: Maintaining Control of Your Property
As a short term rental host, you have the right to expect guests to respect the checkout time and vacate your property as agreed. By understanding your rights, communicating clearly with guests, and taking preventative measures, you can minimize the risk of encountering overstaying guests. If an unwelcome stay does occur, remember that resources are available to help you regain control of your property. With clear communication, proactive steps, and access to support from Airbnb or legal professionals if needed, you can effectively navigate overstay situations and ensure a smooth operation for your short term rental business.
References
1. https://www.airbnb.ca/help/article/805