Hosting short-term rentals through platforms like Airbnb and Vrbo can be a lucrative way to generate extra income, but it comes with its challenges. One of the most stressful scenarios a host can face is when a guest refuses to leave the property after their reservation ends.
This situation can quickly escalate into a short term rental eviction, requiring a clear understanding of local laws, tenant rights, and the eviction process.
At 10XBNB, we specialize in helping hosts maximize their rental potential while navigating tricky situations like these.
In Airbnb Tips section, we’ll break down everything you need to know about evicting guests, from Airbnb and Vrbo policies to state-specific laws, including Alabama.
Understanding Short Term Rental Eviction
A short term rental eviction occurs when a guest refuses to vacate your property after their booking period ends. Unlike traditional landlord-tenant relationships, short-term rentals operate under a unique set of rules that blend hospitality agreements with local tenancy laws. The vast majority of guests respect the rental agreement, but when someone overstays, hosts must act quickly and legally to regain control of their property.
The key question is:
Are these guests considered legal tenants with tenant rights, or are they simply overstaying visitors?
The answer depends on local laws, the terms of your rental agreement, and how long the guest has stayed.
For example, in some jurisdictions, guests who stay beyond a certain period—often 30 days—may gain tenant rights, complicating the eviction process.
How to Evict a Short-Term Rental Guest
Evicting a guest from your property requires a strategic approach. Here’s a step-by-step guide to handle such a situation effectively:
- Review Your Rental Agreement: Start by checking the terms outlined in your booking. A solid rental agreement—like the Airbnb Guest Agreement Template from 10XBNB—should specify check-out dates, house rules, and consequences for overstaying. This document is your first line of defense.
- Communicate Clearly: Contact the guest and politely remind them of their departure date. If they refuse, document all interactions. This could be critical if legal action becomes necessary.
- Check Local Laws: Local laws and regulations dictate the eviction process. In most states, short-term guests aren’t immediately considered tenants, but this varies. Research your jurisdiction’s eviction laws or consult a lawyer to confirm your rights as a property owner.
- Issue a Formal Notice: If the guest refuses to leave, serve an eviction notice. This formal notice must comply with state laws and give the guest a specific timeframe to vacate—often 3 to 30 days, depending on the jurisdiction.
- Contact Local Authorities: If the guest still won’t budge, contact local authorities. In many cases, police can remove overstaying guests as trespassers, provided you can prove the reservation has ended.
- File in Court: If tenant rights apply, you’ll need to file a formal eviction with the court. This legal process can incur legal fees and take time, so act swiftly to avoid delays.
- Resolve Through the Platform: For Airbnb or Vrbo bookings, use the resolution center to report the issue. Contact Airbnb or Vrbo support for assistance, though their involvement may be limited to mediation.
Can You Evict Someone from Airbnb?
Yes, an Airbnb host can evict a guest, but the process depends on local laws and the circumstances. Airbnb guests typically don’t have the same legal protections as long-term tenants, especially for bookings under 30 days.
If a guest refuses to leave, hosts can treat it as a trespassing issue rather than a traditional eviction—provided the rental agreement is clear and the guest hasn’t established tenancy.
Airbnb’s policies allow hosts to cancel bookings or remove guests for violating house rules, but when a guest overstays, it becomes a legal matter governed by state laws.
For tips on setting up a robust hosting strategy, check out Airbnb Tips from 10XBNB.
What Happens If an Airbnb Guest Refuses to Leave?
If an Airbnb guest refuses to leave, the situation can escalate quickly. Here’s what might happen:
- Trespassing Claim: If the reservation has ended and the guest has no legal claim to stay, you can contact local authorities to remove them.
- Tenant Status: In some jurisdictions, an Airbnb guest staying past a certain period could become a legal tenant, requiring a formal eviction process through the courts.
- Airbnb Involvement: Contact Airbnb through their resolution center. They may offer support or compensation, but they won’t physically remove guests—that’s up to you and local authorities.
To avoid this, vet guests thoroughly before confirming bookings. Our guide on How Airbnb Vets Guests offers practical advice for screening.
Can Airbnb Guests Become Squatters?
Yes, Airbnb guests can become squatters if they overstay long enough to gain tenant rights under local tenancy laws.
This “short-term rental loophole” occurs when a guest refuses to leave, and the property owner fails to act promptly.
For instance, in California, staying over 30 days might grant tenant status, entitling the guest to eviction protections like a formal notice and court hearing.
To prevent this, enforce strict house rules and monitor reservation lengths. A well-crafted set of rules—like those in our Airbnb House Rules Template—can deter guests from overstaying.
How Long Do You Have to Move Out After Eviction in Alabama?
In Alabama, eviction timelines depend on whether the guest is classified as a tenant.
For short-term rentals, if the guest refuses to leave after their booking ends, they’re typically considered trespassers.
After serving a notice (often 7 days for non-payment of rent or 30 days for other breaches), the property owner can file an eviction with the court.
Once the court rules, Alabama law gives tenants 7 days to vacate after an eviction order.
However, local laws in cities like Birmingham or Mobile may impose additional regulations, so always check jurisdiction-specific rules.
Alabama lacks statewide short-term rental regulations, leaving it to local jurisdictions to set policies.
This patchwork approach means hosts must stay informed about their area’s eviction laws.
How to Evict a Vrbo Guest
Evicting a Vrbo guest follows a similar process to Airbnb:
- Review the Booking Terms: Vrbo’s rental agreement outlines the guest’s obligations. Ensure it aligns with your house rules.
- Notify the Guest: If they refuse to leave, send a written notice demanding they vacate by a specific date.
- Contact Vrbo: Report the issue through Vrbo’s support system. They may assist with mediation or documentation.
- Follow Local Laws: Like Airbnb, Vrbo evictions hinge on state laws. If tenant rights apply, file a formal eviction in court.
Vrbo doesn’t have a standardized rental agreement like some platforms, so hosts must provide their own, tailored to local tenancy laws.
What Are My Rights as an Airbnb Renter?
As an Airbnb renter, your rights depend on the rental agreement and local laws. Generally, you’re entitled to:
- A Safe Stay: The property must meet basic safety and cleanliness standards.
- Privacy: Hosts can’t interfere excessively or use hidden cameras (more on Vrbo cameras below).
- Agreed Terms: You’re protected by the reservation details, including check-in/out times.
However, overstaying voids these rights, potentially making you a trespasser. If evicted legally, you must comply or face court-ordered removal and legal fees.
Are There Hidden Cameras in Vrbo?
Vrbo’s policies prohibit hidden cameras in private spaces (e.g., bedrooms, bathrooms), but they’re allowed in common areas if disclosed in the listing.
Unlike long-term rentals, short-term rental laws rarely regulate surveillance explicitly, so it’s up to the host’s discretion and local regulations.
Always review the listing and house rules to know what to expect.
What Happens If the Vrbo Owner Doesn’t Respond?
If a Vrbo owner doesn’t respond to issues—like a guest refusing to leave—contact Vrbo support immediately.
They can intervene, but their power is limited. You may need to escalate to local authorities or file a claim independently.
Proactive communication and clear documentation help resolve such a situation faster.
The Short-Term Rental Loophole
The “short-term rental loophole” refers to guests exploiting vague laws to gain tenant rights. I
n some states, staying beyond 30 days shifts a guest’s status, forcing hosts into a lengthy eviction process.
To close this gap, limit reservation lengths, enforce strict rules, and act quickly if a guest refuses to leave.
Pro Tips for Avoiding Eviction Scenarios
- Screen Guests: Use platform tools and reviews to vet guests before allowing them to book.
- Set Clear Rules: Include check-out policies in your rental agreement to avoid disputes.
- Act Fast: If a guest overstays, issue a notice immediately to prevent tenant status.
- Get Insurance: Renters insurance can cover damages or legal fees if eviction becomes necessary.
For more hosting hacks, explore our guide on handling Discount Requests on Airbnb.
Final Thoughts
Dealing with a guest who refuses to leave can derail your hosting experience, but with the right knowledge, you can evict a guest efficiently.
At 10XBNB, we empower hosts to turn properties into profit machines while minimizing risks. Whether it’s crafting a bulletproof rental agreement or navigating local laws, preparation is key.
For additional support, consider offering a small token of appreciation to great guests—check out our Gift Ideas for Airbnb Hosts.
For more on Alabama-specific regulations, visit Steadily’s Guide to Alabama Short-Term Rental Laws. Stay informed, stay proactive, and keep your property thriving!
