Post by High Priestess on Jan 16, 2017 4:42:03 GMT
I just found this article, written by a California attorney, which contains information about evicting lodgers, as opposed to tenants -- and how to distinguish the two. Very helpful information here for Airbnb hosts!
www.linkedin.com/pulse/20140725043916-11700131-airbnb-occupants-who-refused-to-leave-a-better-way-is-self-help-against-lodgers
How to Deal With Airbnb Occupants Who Refuse to Leave
by Zachary Schorr
Nothing is more frustrating than a guest that overstays their welcome, especially in the vacation rental context where there is constant turnover and a pressing need to prepare a vacation rental for the next guests who may be arriving as quickly as 2 or 3 hours. The Airbnb guests who overstayed their vacation rental stay in Palm Springs, California have brought this issue to national attention with the guest who refused to leave at the end of a 30-day stay. With the increasing popularity of Airbnb, Homeaway and VRBO it is no wonder why this issue is gaining national attention. In that case, the owner is bringing an action to evict the occupant – but maybe there is a better way.
As a Los Angeles real estate attorney we frequently deal with all sorts unusual real estate matters. Here are a few important things to remember with occupants who overstay their welcome.
In these situations, the most important thing to do is to determine whether the occupant is a tenant or a lodger. While each case requires independent analysis, where possible it is a good idea to classify the occupant as a lodger as opposed to a tenant. By classifying the guest as a lodger, the owner of the vacation rental has greater rights. As background, a lodger is not conveyed an interest in the subject property; rather he or she simply obtains a contractual right to occupy part of the premises that remains under the control of the owner. Stowe v. Fritzie Hotels, Inc. (1955) 44 C2d 416, 421. Lodgers have no property interest – only the right to use the premises. The legal right to actual or exclusive possession, including the right of access remains with the proprietor or owner.
Whether an occupant is a tenant or a mere lodger tends to be a mixed question of law and fact based on the individual circumstances. Case law, however, provides several criteria to aid in the determination. Factors favoring the classification of an occupant as a lodger occur when (1) the owner has direct control over the premises, (2) the owner is responsible for maintaining, cleaning and caring for the unit and (3) the owner has keys and a right of access. These are just examples of the factors and are not meant to be an exclusive list. But, a simple examination of these factors would indicate that most vacation rental occupants fall in the category of lodger not tenant. For example, the owner generally maintains control over the premises by providing when the occupant may check in and must check out. The owner typically is in control of maintenance and cleaning and only requires the tenant to pay for the cleaning. And the owner typically retains the keys, or codes for the rental property.
This classification as a lodger is important because with a lodger the owner can avoid the time consuming and expensive eviction or unlawful detainer process.
Indeed, except as otherwise provided by statute, an owner who rents to a lodger need not resort to unlawful detainer procedures to evict a lodger. A lodger who breaches his or her contract with the proprietor is a trespasser and may be ousted without prior notice. [Roberts v. Casey (1939) 36 CA2d Supp. 767, 775, 93 P2d 654, 659]
Unlike landlords, owners may obtain possession by “self-help” (e.g., locking the premises) if able to do so without physical force. This is important -- an owner can lock out a lodger at check out time as long as they do not use force to do so.
Classifying a vacation renter as a lodger is a powerful tool. It may not work in every instance so any vacation rental owner facing the situation the Palm Springs Airbnb owner faces should consider the factors and be cautious in not jumping to this conclusion. That said, knowing this classification can save vacation rental owners and managers significant time and expense in avoiding eviction proceedings.
For more information or help with your real estate matter contact the Los Angeles based real estate attorneys at Schorr Law, APC, www.schorr-law.com, 310-954-1877.
www.linkedin.com/pulse/20140725043916-11700131-airbnb-occupants-who-refused-to-leave-a-better-way-is-self-help-against-lodgers
How to Deal With Airbnb Occupants Who Refuse to Leave
by Zachary Schorr
Nothing is more frustrating than a guest that overstays their welcome, especially in the vacation rental context where there is constant turnover and a pressing need to prepare a vacation rental for the next guests who may be arriving as quickly as 2 or 3 hours. The Airbnb guests who overstayed their vacation rental stay in Palm Springs, California have brought this issue to national attention with the guest who refused to leave at the end of a 30-day stay. With the increasing popularity of Airbnb, Homeaway and VRBO it is no wonder why this issue is gaining national attention. In that case, the owner is bringing an action to evict the occupant – but maybe there is a better way.
As a Los Angeles real estate attorney we frequently deal with all sorts unusual real estate matters. Here are a few important things to remember with occupants who overstay their welcome.
In these situations, the most important thing to do is to determine whether the occupant is a tenant or a lodger. While each case requires independent analysis, where possible it is a good idea to classify the occupant as a lodger as opposed to a tenant. By classifying the guest as a lodger, the owner of the vacation rental has greater rights. As background, a lodger is not conveyed an interest in the subject property; rather he or she simply obtains a contractual right to occupy part of the premises that remains under the control of the owner. Stowe v. Fritzie Hotels, Inc. (1955) 44 C2d 416, 421. Lodgers have no property interest – only the right to use the premises. The legal right to actual or exclusive possession, including the right of access remains with the proprietor or owner.
Whether an occupant is a tenant or a mere lodger tends to be a mixed question of law and fact based on the individual circumstances. Case law, however, provides several criteria to aid in the determination. Factors favoring the classification of an occupant as a lodger occur when (1) the owner has direct control over the premises, (2) the owner is responsible for maintaining, cleaning and caring for the unit and (3) the owner has keys and a right of access. These are just examples of the factors and are not meant to be an exclusive list. But, a simple examination of these factors would indicate that most vacation rental occupants fall in the category of lodger not tenant. For example, the owner generally maintains control over the premises by providing when the occupant may check in and must check out. The owner typically is in control of maintenance and cleaning and only requires the tenant to pay for the cleaning. And the owner typically retains the keys, or codes for the rental property.
This classification as a lodger is important because with a lodger the owner can avoid the time consuming and expensive eviction or unlawful detainer process.
Indeed, except as otherwise provided by statute, an owner who rents to a lodger need not resort to unlawful detainer procedures to evict a lodger. A lodger who breaches his or her contract with the proprietor is a trespasser and may be ousted without prior notice. [Roberts v. Casey (1939) 36 CA2d Supp. 767, 775, 93 P2d 654, 659]
Unlike landlords, owners may obtain possession by “self-help” (e.g., locking the premises) if able to do so without physical force. This is important -- an owner can lock out a lodger at check out time as long as they do not use force to do so.
Classifying a vacation renter as a lodger is a powerful tool. It may not work in every instance so any vacation rental owner facing the situation the Palm Springs Airbnb owner faces should consider the factors and be cautious in not jumping to this conclusion. That said, knowing this classification can save vacation rental owners and managers significant time and expense in avoiding eviction proceedings.
For more information or help with your real estate matter contact the Los Angeles based real estate attorneys at Schorr Law, APC, www.schorr-law.com, 310-954-1877.