There was a recent story about a Palm Springs AirBnB renter who refused to leave a condo unit. The resident agreed to a forty four day stay and paid for the entire month upfront and. After two days, he was dissatisfied with the living arrangement and wanted a refund because the tap water was cloudy and he did not realize there was a gate to enter the condominium complex. Although the property owner was only paid for two days, the resident decided not to leave. After thirty days, payment for the remaining 14 days was due, but the guest did not pay.
In response, the property owner threatened to turn of utilities. Shutting off utilities to a tenant is not a legal option for any landlord no matter the dispute and even if the resident is not paying rent. If a landlord does turn off utilities, a landlord can be subject to civil liability. In order to have the resident removed, an unlawful detainer will have to be filed.
This story serves as a cautionary tale because once a property owner allows a person to live on his or her property, even without a rental agreement, a landlord-tenant relationship has been created no matter how short the stay is. A landlord cannot simply call the police department to forcibly remove a resident. AirBnB provides a service; however, many unsuspecting and novice property owners are using without understanding basic landlord-tenant laws in California.
I have had several articles about short term renters who decide not to leave. It is important to note that renting a room in your house, renting an entire condo unit, or a vacation rental all creates similar landlord-tenant rights that every apartment unit or home that is rented has.
Business Insider has the article, Airbnb Host: A Guest Is Squatting In My Condo And I Can’t Get Him To Leave.
