Airbnb renters-turned-squatters refuse to vacate property unless evicted: court docs (2024)

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An Airbnb host in Durham, North Carolina, filed a complaint in court against renters-turned-squatters after they refused to vacate the property until they received an order of eviction, according to court documents.

The documents, obtained by Fox News Digital, show the current guests agreed to pay the host, Farzana Rahman, $1,900 per month from Oct. 25, 2023, to May 25, 2024, to stay in a condominium on Chimney Ridge in Durham.

But after May 25, the guests refused to leave the condominium.

Rahman told a local ABC station that her cleaning person went to the property and noticed the renters were still inside.

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Airbnb renters-turned-squatters refuse to vacate property unless evicted: court docs (2)

An Airbnb host who rented her property to the same guests for several months, filed a complaint to have them evicted after they refused to vacate the property at the end of their agreement. (Andrew Harrer / Bloomberg / File / Getty Images)

"They answered the door, and they said, 'No, we haven't moved out.' She (the cleaner) said, 'Should I come tomorrow?' And they said, 'No, don't come back,'" Rahman said.

In court documents, Rahman said she contacted the Durham Police Department on May 28, which resulted in two officers being dispatched to the rental property.

The officers reportedly spoke with a man at the property – who was not the primary renter or named in the complaint – who said he would not leave.

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Airbnb renters-turned-squatters refuse to vacate property unless evicted: court docs (3)

An Airbnb host rented her property in Chimney Ridge in Durham, North Carolina, for several months, and now the renters are refusing to leave unless they are evicted. (Google Maps)

Airbnb, Rahman said, would not provide information about the guests to the owner, and the company instructed her to file a complaint with the local authorities to force the guests to vacate.

Rahman also noted that she had not been able to enter her property to assess the damages, though standing in the entryway, she reported a strong odor of tobacco and marijuana from inside.

The situation has affected Rahman’s ability to host future guests, she said in the filing.

"I demand to be put in possession of the premises and to recover the total amount listed above and daily rental until entry of judgment plus interest and reimbursem*nt for court costs," she wrote.

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Airbnb renters-turned-squatters refuse to vacate property unless evicted: court docs (4)

An Airbnb host in Durham, North Carolina, filed a complaint to have guests evicted from a property after they refused to leave when the agreement expired last month. (Dilara Irem Sancar / Anadolu / File / Getty Images)

The station reported that Rahman is a single parent.

She told the station the occupants are refusing to leave until they receive an eviction order.

"I think they’re just trying to gain time to stay there for free because they haven’t paid," Rahman said.

Airbnb did not immediately respond to requests from FOX Business for comment on the matter.

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The company’s site warns those looking to rent their properties through them that guests who stay in a home or apartment for a month or longer could establish rights as a tenant.

In some jurisdictions, those rights mean that local tenancy laws could protect them from being removed unless a required eviction process goes through the court system.

When guests refuse to leave, Airbnb said, "These situations are incredibly rare, but if they happen, we’ll work with you to try and help resolve the problem with your guest."

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The company also suggests owners consider utilizing a rental agreement signed by the guests, which sets the requirements and rules of the house in a formal document signed when the rental is booked. The agreements, though, could be governed differently depending on where the property owner is located, so they are encouraged to check local laws first.

"Statutes exist in nearly all jurisdictions that permit landlords to use summary proceedings to evict tenants. A summary proceeding is a judicial proceeding that lets a landlord regain possession of leased property in an expedited fashion," the site reads. "You should contact a landlord-tenant attorney or your local county courts to learn more about eviction laws where you live, as they may affect your ability to evict a guest who overstays a monthly stay."

Airbnb renters-turned-squatters refuse to vacate property unless evicted: court docs (2024)

FAQs

Can you evict an Airbnb guest? ›

If your guest refuses to leave after you've gotten Airbnb involved, you may have no choice but to initiate legal eviction procedures. This could involve serving an official notice and possibly even getting the authorities involved.

Who is the squatter in luxury Airbnb Los Angeles? ›

A Brentwood woman, who lived in paradise rent free for 570 days, finally left a rental property after a long legal battle with the landlord. The tenant, Elizabeth Hirschhorn, rented the guest house from Dr. Sascha Jovanovic more than two years ago, finally moved out on Friday, according to the LA Times.

Can an Airbnb guest turn into a squatter? ›

It may surprise some that even vacation rentals face squatter issues, typically more common in longer-term rental agreements. Hospitable defines Airbnb squatters as guests who fail to check out after their check-out date. In other words, they do not leave the property when they're supposed to.

What happens if someone refuses to leave my Airbnb? ›

Guests who refuse to leave—and how Airbnb can help

These situations are incredibly rare, but if they happen, we'll work with you to try and help resolve the problem with your guest. Should you face such a situation, let our 24/7 support team know as soon as possible and we'll get in touch with you.

How do you spot a squatter on Airbnb? ›

One of the biggest red flags is a questionable guest profile. If a guest has missing or fake profile pictures, missing fields in their bio, or bad reviews from another host, they may be a squatter. Another red flag is if a profile was created just before they made the booking.

What is the 30 day squatter law in California? ›

A common misconception is that squatters gain ownership rights after occupying a property for 30 days in California. This is not true. While squatters may establish tenancy rights after 30 days, they cannot claim legal ownership through adverse possession in such a short period.

What is the squatter lawsuit in California? ›

If a squatter does not cooperate, you may need to file an unlawful detainer lawsuit to have them removed from the residence. Squatters may qualify for property rights (adverse possession) if they have lived at the property for five years, have been paying property taxes, and meet other criteria.

Can an Airbnb host kick someone out? ›

Can an Airbnb host kick out an Airbnb guest? Yes. But, it also depends on the signed contract. Some hosts are extremely specific about do smoking, no littering anywhere on the premises, no loud music, no loud partying, no use of certain rooms, number of people staying there, responsible for any damages, etc.

Will police remove Airbnb guests? ›

It's generally best to involve the police and have the police remove the overstaying guest, however, bear in mind that because Airbnb hosting is relatively new, and the laws on the matter mention “hotels” but not private homes where short term rentals are done, as well as because in many areas tenants' rights are ...

Can you remove guests from Airbnb? ›

If you need to make changes to your booking, like adding an extra guest or removing someone that can't make the trip, you can do so. If you simply want to share the details of your trip with guests you've already accounted for as part of your booking, find out how to add your guests as co-travelers.

Did Airbnb guest stay at rental for 500 days without paying refuses to leave? ›

The news, shared by the Airbnb landlord, comes a month after the woman made headlines for refusing to leave the multimillion-dollar rental in Los Angeles' Brentwood neighborhood. In a previous report from FOX 11, the woman allegedly stayed at the Brentwood rental for more than 500 days without paying rent.

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