What to Do If Paying Guests Overstay and Refuse to Leave Your Airbnb

In the growing market of short-term rentals, Airbnb has emerged as a popular platform for homeowners to generate income by hosting guests. While most stays go smoothly, occasionally hosts encounter the dilemma of guests overstaying their welcome and refusing to vacate the premises. This scenario can be frustrating and daunting for hosts, but it's crucial to approach it with clarity and legal understanding. In this article, we'll look at the steps you can take as a host if faced with such a situation.

Understanding Your Rights as a Host

As a host operating within the legal framework, it's essential to understand your rights regarding guests who overstay their booking. First, it's vital to establish whether your arrangement with the guest constitutes a lease or a license. Typically, short-term rentals like those facilitated through Airbnb are considered licenses rather than formal leases. This distinction is important as it affects the legal procedures you can undertake to remove the overstaying guests.

Communication is Key

Before taking any legal action, it's prudent to attempt to resolve the situation amicably through communication. Contact the guests and remind them of their agreed-upon departure date. Sometimes, guests may have simply overlooked their checkout time or encountered unforeseen circumstances causing delays. Politely but firmly communicate the need for them to vacate the property promptly.

Notice to Quit

Depending on the duration of the guests' stay, the initial formal action would typically involve serving them with a Notice to Quit, formally requesting that they vacate the premises by a specified date. This notice must be provided in writing and adhere to legal standards, ensuring it contains all necessary information as prescribed by law to be considered valid.

Possession Order

If the licensee still refuses to vacate the property despite receiving formal notice, you can apply to the court for a Possession Order. This court order grants you legal authority to evict the licensee from the premises.

Bailiff Eviction

If the licensee still refuses to leave after a Possession Order has been granted, you can enlist the help of court bailiffs to physically remove them from the property. The bailiffs will coordinate with you to arrange a suitable date and time for the eviction.

Avoid Self-Help Measures

While the frustration of dealing with overstaying guests may tempt you to resort to self-help measures such as changing locks or removing belongings, it's essential to refrain from such actions until you have obtained legal advice. Engaging in self-help eviction tactics can expose you to legal liabilities and potential counterclaims from the guests. It's imperative to adhere strictly to legal procedures outlined by relevant legislation.

Dealing with overstaying guests who refuse to leave your Airbnb property can be a stressful experience for hosts. However, by understanding your legal rights, communicating effectively, and seeking appropriate legal guidance, you can navigate the situation with confidence.