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How do I remove these guest from my house?

hosting

#1

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!


#2

Oh my, I am sorry you are in this terrible situation while trying to be a nice person. You need to get them out of there before they are there 30 days or whenever tenants’ rights kick in in your area. Perhaps you could get the police to assist by reporting the threats of violence that you have recorded? (police may not help you for trespassing/eviction but may respond to threats). Is your tenant willing to file a complaint? Is there someone who can be with you when you boot them out? Maybe pay a little to have someone drive them to the bus or train station so you can be sure they are well away from your property.


#3

I’m not familiar with CA laws, but explaining your situation to an attorney that is familiar with CA law would be a good idea. It might cost a few hundred but could clarify your responsibilities and a safe path forward.


#4

Lock her out now. She is not a tenant YET. Do not let the police bully you say she has rights. Get her out. Google airbnb squatter palm springs and see what can happen if she establishes tenancy.

rr

Edited to add, google defrauding an innkeeper California and print out everything you can about it, if she calls cops have her arrested.

RR


#5

Hopefully you are legit and are paying taxes as a STR it bolsters your case that she is short term.

RR


#6

I would like to do this, but I am very worried I would end up paying huge amount of fine or even going to jail as I am not sure if its legal to lock them out anymore…


#7

for taxes, this is my first year and I have not file my tax report yet.


#8

If it is less than 30 days and there is no tenancy agreement for over 30 days, then i believe they have no rights at all. Change the locks and get them out.


#9

Seek advice of counsel. Never repeat this.


#10

Someone in California can confirm, but I believe after 30 days, they officially become tenants with many more legal rights and will be harder to get rid of.

If you can get them out before they hit the 30 day mark, it will be much easier for you. Both of them.

Clock is ticking. Do it today. Change the locks. Pack up their belongings. Hire goons if you have to. Don’t let them back in.

The things the woman said about you not being able to refuse to rent to her because she is disabled makes me think they are familiar with housing laws in your state. She knows once it reach 30 days, it’s going to be a challenge for you. Don’t let it happen.


#11

Any update? you cannot wait any longer you have to get them out before they establish tenancy. Get some help if you need it, change the locks if they have a key. If they do not have a key lure them outside and lock them out today. They thing is you cannot wait, you have to boot them out. Then never ever again, $10 a night ? You cannot take in strays they bite.

RR


#12

Have the police remove her. The only physical contract she had with you was for two nights through Airbnb and that has expired. She is now trespassing.


#13

I still have no idea what do to now, I asked lawyer for eviction, they going to charge me $1500 at least, that is enough to cover them to stay there , for power and water bills for about 6 months already, and they promise to go by 9th but refuse to write it down, if they go by 9th then I don’t need a lawyer which saves more money, if they don’t, then it will be exceed 30 days deadline and then I will maybe in a harder position to move them out?

its very hard to get an attorney to me, even I pay $1500 its just a basic eviction process with everything going well, if she started with discrimination or personal injury part, I believe the attorney fee will quickly raise to totally drain my deposit ,and I did hear she was on the phone with some legal assist talking about “injury”, I don’t know what she going to do , since we live in same house its easy for her to claim I hurt her

Even without my written permission to send mail here, they do sent an ID card and setup the mailing address. if I do a self-help eviction, I am not sure it will be the end of everything or. the beginning of bigger problem.

I really have no idea what to do now. if they are tenant now I have so many liability that can be abuse by them, they can fake some personal injury or other stuff.

it was very hard for me to paid off my house with is $300k ,I don’t believe I will be able to make it again if I lose my house, and I think they might going to try to use the law to make huge money from me.

I cant work concentrate on my work anymore, and I feel really really terrible, I was just listen to music to claim my self and work harder to not think about this issue, but I know it will not help to solve it and I must do something…


#14

WTF? Kick them out NOW they have no lease and no rights. Yet, sounds like you are just waiting for it to get worse.

RR


#15

I want to try to talk to police again ,but they are not threatening other people or arguing anymore ,I don’t know whats the best reason I can use to ask police move them out, the trespassing reason didn’t work last time because they saw my agreement and they believe its a rental contract because it contains word “rent” on it

this is all the paperwork we been though

three


#16

Go and turn of your water main. Flip the circuit breaker that powers the rooms they are using. Install security cameras everywhere in your home (I guess except the bedroom and bathroom that they are using) but ensure the cameras are covering the doors to those rooms. Record all of that footage. Then tell them that they are not welcome in your house and that they have 2 hours (or whatever you think is reasonable to get out peacefully.


#17

OMG, you have created contracts. what a nightmare.

All for $10 a day

RR


#18

OMG. Very bad position you put yourself in without any viable legal counsel. Good luck.


#19

I think our laws are really collapsed ,rents are always to expensive because one bad renter could cost you so much, government wants to use laws to protect people from being homeless, but liability and eviction process are just making so many people either scared to rent or make it very expense, which actually result in more people sleep in car and being homeless. I am so disappointed about how hard to rent in U.S when I immigration to this nation ,and now I am still disappointed about how hard to move a person out of my house.
this laws are not making housing better, but worse as people are just leaving them empty or rent for too much money. much ,much then where I from


#20

OMG is right.

You weren’t a landlord when you initially accepted these people as Airbnb guests, but now it seems like you are backing your own self into a corner and turning into a land lord.

A lawyer may be the best option at this point.


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