What Happens if an Airbnb Guest Refuses to Leave?

Dealing with an Airbnb Guest Who Won’t Leave

You list your property on Airbnb to earn extra income. You welcome guests into your space and provide a great experience. Most bookings go smoothly, creating a simple and profitable exchange. However, a significant fear for many hosts revolves around a guest who overstays their welcome. This situation can feel stressful and confusing, leaving you to wonder what happens if an Airbnb guest refuses to leave. Understanding your rights and the correct procedures is crucial to protecting your property and your business. This scenario, while uncommon, requires a calm and methodical approach.

The solution is not as simple as changing the locks. Taking the wrong action can create serious legal problems for you. The key is to distinguish between a short-term guest and a long-term tenant, as their rights are very different. This guide provides clear steps to follow. It helps you manage the situation effectively from the first moment you realize a guest has overstayed. Following these steps helps you regain control of your property while minimizing financial loss and stress. Your preparation and knowledge are your best assets.

Guest and Tenant Rights

The first step is to understand the legal status of the person in your property. In most short-term rental situations, an Airbnb guest is not a tenant. A tenant has specific rights and protections under landlord-tenant laws, such as the Residential Tenancies Act. These laws require a formal eviction process through a tribunal, which can take months. A guest, on the other hand, is a licensee. This means they have permission to be on your property for a fixed period. When that period ends, their right to be there expires. After their booking ends, they can be considered a trespasser.

Several factors help determine if your guest has become a tenant. The length of the stay is a major consideration. Longer stays, especially those over 28 or 30 days, can sometimes blur the lines. The type of agreement is also important. An Airbnb booking is a license agreement, not a formal lease. How payments are made also matters. Daily or weekly payments support a guest status, while monthly payments look more like a tenancy. If you maintain control over the property and do not give the guest exclusive possession, they remain a guest. Knowing this distinction is vital because it dictates your next actions.

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The Importance of Careful Documentation

Throughout this entire process, meticulous record-keeping is your best defence. Every interaction and every piece of information can become important evidence. Documentation supports your case with Airbnb and is necessary if you need to take legal action. Start by taking screenshots of all your communications with the guest on the Airbnb app. This includes your initial polite reminders and any responses you receive. Also, save a copy of the original booking confirmation. This document clearly shows the agreed-upon check-in and check-out dates.

Your documentation should extend beyond communication. Keep a log of all actions you take, with dates and times. Note when you contacted Airbnb support and summarize what was discussed. If the overstay forces you to cancel an incoming booking, save proof of that cancellation and the lost income. If you must hire a cleaner for extra hours or change locks after the guest finally leaves, keep all receipts. This paper trail will be invaluable when you make a claim through AirCover for Hosts. It provides a clear, factual account of events and quantifies your financial damages, making reimbursement more likely.

Escalating the Situation Legally

If communication and Airbnb support fail to resolve the problem, you must consider legal options. It is important to remember that you cannot take matters into your own hands. Do not change the locks, turn off utilities, or remove the guest’s belongings from the property. These actions are illegal and could result in you facing legal penalties, even if the guest is in the wrong. You could be sued by the guest for damages. Your correct course of action involves the authorities and legal professionals. Your goal is to remove a trespasser, not evict a tenant.

First, contact your local police on their non-emergency line. Explain that you have a short-term rental guest who has refused to leave after their paid booking ended, and you believe they are now trespassing. Police response may vary depending on their understanding of short-term rental laws, but filing a report creates an official record. Next, you should consult a lawyer or paralegal who specializes in property law. They can provide advice specific to your situation. They can also send a formal demand letter to the guest, which often motivates them to leave. If the guest still refuses, your legal counsel will guide you on the next steps to legally remove them.

Recovering Your Financial Losses

An overstaying guest causes more than just stress; it causes direct financial harm. Every day the guest remains, you lose potential income from a new booking. You may also face extra cleaning costs or repair bills. Your primary tool for recovering these costs is the Airbnb platform itself. You can use the Resolution Centre to send a payment request to the guest for the extra nights they stayed. You can also claim any damages they may have caused to your property during their unauthorized overstay. You must submit this request within 14 days of the original checkout date.

If the guest declines your payment request or ignores it, you can escalate the issue to AirCover for Hosts. This is Airbnb’s protection program. It provides coverage for lost income and damage caused by guests. Your thorough documentation will be critical here. Submit all your evidence, including messages, photos, receipts, and proof of cancelled bookings. AirCover can reimburse you for your losses, up to the policy limits. In a worst-case scenario where platform tools fail, your final option may be to file a claim in small claims court to recover your losses directly from the guest. Your legal advisor can help you with this process.

How to Prevent Future Overstays

The best way to handle an overstaying guest is to prevent the situation from ever happening. Proactive measures can significantly reduce your risk. A strong defence starts with your property listing and guest communication. Be firm and clear in your policies. Setting up preventative systems protects your investment and ensures a smoother hosting experience. It also deters guests who might consider overstaying their welcome.

• Establish Clear House Rules

  Your listing’s house rules should explicitly state the checkout date and time. Include a fee for an unauthorized late checkout. This sets expectations from the moment of booking.

• Screen Your Guests

  Always read a potential guest’s reviews from other hosts. Be cautious of guests with negative reviews, especially those mentioning rule-breaking. Do not be afraid to decline a booking request if it feels wrong.

• Use Automated Messaging

  Set up scheduled messages on the Airbnb platform. A friendly reminder sent 24 hours before checkout reinforces the schedule and reduces the chance of a guest forgetting.

• Install a Smart Lock

  A smart lock allows you to create unique, time-sensitive access codes for each guest. The code can be programmed to expire at the exact checkout time, preventing re-entry.

• Avoid Risky Bookings

  Be very careful with long-term stay requests. Stays longer than 28 days are more likely to create confusion over tenant rights. Stick to shorter bookings to maintain a clear guest-host relationship.

Conclusion

Dealing with an Airbnb guest who refuses to leave is a challenging ordeal for any property owner. The experience can be both emotionally and financially draining. However, by staying calm and following a clear set of procedures, you can regain control of your property effectively. The process starts with clear communication, followed by involving Airbnb’s support systems. Throughout the situation, detailed documentation is your most powerful tool. It builds your case and helps you recover any financial losses you incur. Remember to never take matters into your own hands by changing locks or removing belongings.

When necessary, do not hesitate to seek help from law enforcement and legal professionals. Protecting your investment is your priority. While these situations are rare, being prepared is the hallmark of a successful host. Implementing preventative strategies, such as thorough guest screening and clear house rules, can drastically lower the risk of an overstay. As a real estate professional, I help clients navigate the world of investment properties, including managing the unique challenges of short-term rentals. A well-managed property, backed by knowledge and preparation, remains a powerful and rewarding investment.