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No, no!! Bad advice! This will not do anything. The tenant will be able to show she’s been there longer than 30 days and can STILL claim tenancy.
If you don’t believe me, see threads here where tenants staying longer than 30 days have EASILY claimed tenants’ rights.
You are giving legal advice, please don’t.
This is a real thing? This sounds like an urban legend. I don’t think it has any basis in fact.
As I posted on another thread, doing this gives you NO protections whatsoever. Be aware that renting over 30 days confers tenants rights to your guest and this can become a civil matter requiring due process. Don’t think that having them check out at 29 and back in is going to give you protections.
I’m sure that in some areas where squatters have a lot of rights (read: California and New York) it may be the case that 4 stays of 29 days = rights. Where I live, this is not hte case. I’d suggest that everyone and anyone consult the laws of the state/country they live in and do what is best to protect theselves.
Good for you! When I first listed, I also received requests for discounted, longer stays. But I decided early on that I am a short-term host because what if I got someone for two months that wasn’t a good fit, or outright nasty? At the beginning of this summer, I had an inquiry for the entire month of August (my busiest month) and the first week of September (still high time for me because of the university) at a discounted price. I did the math and at an 80% occupancy rate, her offer was 25% lower than what I would earn with numerous guests (plus, she had kids, which I don’t allow – couldn’t get that through to her). She asked three times, kept saying it was a good offer. I declined three times. Glad I did. I didn’t want to throw away $2500.
Any judge will look at the original intention of the transaction’s terms. I don’t think for one minute that “stepping outside for five minutes” would convince a judge that the intention was not to stay for four months, thus kicking the tenant into a protected status, but to stay for four consecutive 29-day stays. Judges don’t fall for little tricks. Even if the tenant signed an agreement, they could claim it was under duress, as they could claim that they had nowhere else to go. This is very bad advice.
Either a control freak, dismally bad at math or both. Bullet dodged. When I tell dog people I don’t discount because “I fill all my spots at full price,” they all understand.
Where did you go to law school again?
Once again, it is going to depend on where you live. No judge will ever see this where I live because at day 29, you call the cops, they show up, look at the contract and throw the squatter in the street.
I’m sure in NY that isn’t the case but laws are different everywhere.
But what if your guest is on the second 29 days and tells the cops that they can prove they have been there for over a month and that you made them sign an unlawful agreement? They would have a case – not that they would be guaranteed to win, but it doesn’t mean they won’t get kicked out, take you to court, and eat up a lot of your time and money. The law looks at intent. Your intent is to have the person stay for 29x4 days. Just really, really bad advice to anyone thinking this a loophole.
I really want to know the name of the U.S. state or foreign country where law enforcement involves themselves in civil matters without a court order. Sounds like one of those corrupt “banana republics.”
Maybe easier smart lock to get away squatter
If they have tenant rights, you could be in really big trouble by locking them out without a court order.
We are luck that it s not the caae in sweden. I meant after 29 days
OMG who knew it was so easy to get rid of a squatter! Isn’t this forum just great? So glad we have all this sage advice!
The sunny little host won’t be so happy once she has this happen in real life and the cops just laugh.
I imagine the court hearing going something like this, if she has agreed to 29x4 nights but tries to evict the “guest” earlier, for whatever reason(s):
Judge: So you rented for 29 nights for four consecutive stays? Is that correct? And, in between those stays, you had the guest step out for five minutes, which you aver constitutes her releasing the premises back to you to start another “stay”. Did she remove all of her belongings during those five minute?
Sunny: Well, no, your Honor, but she agreed to my arrangement.
Judge to guest: Why did you agree to this arrangement?
Guest: Because she agreed to let me rent her place for 116 days and I thought she would honor our agreement. But now she is kicking me to the street. She said it is because I broke the rules. If she’s allowed to evict me, I have nowhere to go! (tears)
Judge to Sunny: What rules did she break?
Sunny: She had a party. And she brought food in the bedroom.
Judge: Was it a loud party? Did the neighbors complain? Were the police called?
Sunny: No, the police were not called.
Guest: I had four friends over, so there were five of us. We had dinner on the patio. My friends all left by 10:30. I have never eaten food in the bedroom.
Judge: 116 consecutive days means you have a legal Lessor/Tenant agreement; therefore, the tenant is allowed under law to have quiet enjoyment of the leased premises. She did not break any rules or laws and, therefore, I do not find grounds for eviction.
Judge to Sunny: By the way, unless you have a license for a long-term rental, I fine you $1,000. You will pay all attorneys’ fees. And, if you withhold her deposit without sufficient proof and documentation for damages, you will be fined treble damages.
And what Sunny is left with is a very angry tenant who is going to read the rules on normal wear-and-tear and take it to the nth degree. All Sunny has is a $250 deposit to cover damages.
All hypothetical, of course.
Freekin brilliant!!! Best post all day in a sea of muck! Thank you Sandy!
Hi Carmen. My name is Alex Komatz, a young aspiring property manager out of Ohio. I was reading your recent posts and found a lot of useful stuff! It sounds like you really know what you are doing and I hope I can do the same. I have some questions regarding the preparation of taxes, managing payments, and the spread sheets. Could you send me an email so I could figure out some of my issues? Thank you!
akomatz@capital.edu
Hi @Alex_Komatz
Have you read the supporting information Airbnb provides on its website?
It covers most of the questions you are asking. Have a look at its Help Centre.
Taxes is something you will need to speak to your accountant about.