No idea, I’m in a different continent, with a different legal system.
JF
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It depends on the laws in your city/country @OLAVI.
If you need to evict a guest from your STR, this is a civil matter and up to you as the business owner to deal with. Not a police matter until a crime is committed - for example if the guest becomes violent.
Short term tenants don’t come under landlord-tenancy laws. You need to make sure you don’t have guests staying for a length of time which gives them tenancy rights where you live.
Airbnb or other listing providers will not be able to offer help.
A lawyer in your area is best placed to advise you.
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Thank you. One layer said that they fall under tenant law when they enter place after one day Which was surprise to me.
Any law firm recommendations. ? Looks like most lawyers doesn’t even deal with short term guests and basically saying it is one law ( tenant law ). Anyone know lawyer who already dealt with cases like that
Where are you hosting? This is an international group and laws vary widely from country to country.
Agree, check local laws on tenancy. Here it’s 30 days; prior to that they are trespassing, which is a crime, which is a police, not a lawyer, matter.
I would first talk to them, maybe with a buddy for back-up, and firmly offer to assist them in removing their belongings, calling an Uber, etc. Skip that step if they are at all threatening. Next, do they ever leave or are they holed up bunker-style? If they leave to go somewhere, I would pack up and carefully store their belongings on the property and change the lock so they can’t get back in.
As a last resort I would call the police, being sure to say I have a short term rental permit and there is a visitor trespassing on my property. If warranted, I would add that the the trespasser appears unstable, and I feel threatened and in danger. Our police are pretty responsive to minor incidents; your area may differ.
If they are there long enough to establish tenancy, it’s a whole different (and expensive ) thing. You are likely not allowed to lock them out, remove their belongings, turn off the heat or water, etc. It’s a legal proceeding to get them out. Thousands of dollars in court costs and attorney fees here, so I don’t do long term rental.
Don’t rent long-term (however tenancy is defined in your locale) without a signed long term rental agreement.
I think that is the key, we need to educate the police that this is NOT a tenant/civil matter. In most states in the US there are innkeeper laws. In California I would tell the police they are defrauding an innkeeper and cite the actual law.
All that being said, if a person does not have a STR permit, is not paying the TOT tax then I have no sympathy
RR
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I would get a new lawyer if I were you if they don’t know the difference between a short term guest and a tenant.
How would we be able to recommend legal counsel for you. We don’t know where you live.
Why not ask on a local host forum for your area. Obviously get one that understands tenancy legislation and STRs.
How about a nice renovation? Get some people with hammer drills 24/7, saying there is a need for urgent maintenance, like water pipes leaking or something, and need to be replaced which requires ripping out concrete.
actually the lawyer said that if guest even stay one night it falls under tennant and if refuse to leave for what ever good reason you will have to go to court
just heads up airbnb will not help in any way in that case
That’s why Helsi told you to get a new lawyer. A short term guest is not a tenant.
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Eh? Aren’t you on the East coast, USA? If so, that lawyer is nuts. One night … LOL!
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Is she willing to pay for the extended stay?