Investor · Santa Clara, CA · Member since 2015 · 56 posts · 16 votes
Hi all, quick question for California STR hosts on Airbnb. Have you had guests book 28 days and then ask to extend past 30 days (in my case, to about 40 days)? I know that in CA this can legally turn them into tenants, which makes me nervous. My property manager says it’s usually fine if everything stays on Airbnb, but I’m not totally convinced.
To stay under 30 days, we asked the guests to check out for 2 days and then rebook. They’re okay with that, but now they’re asking if they can leave some belongings in the garage during those 2 days. Is that normal, or does that still count as continuous occupancy? My property manager tends to accommodate guest requests to get a 5-star review. But I would love to hear how others have handled this and whether you’d allow it or not. Thanks!
Real Estate Agent · Louisiana · Member since 2017 · 215 posts · 148 votes
8mo
Be sure you have it in writing that you're not responsible for items left in the garage during those two days. Would hate to see them come back for 2nd stay & claim they had a computer or something in there that is now "missing".
Tampa, FL · Member since 2022 · 3k+ posts · 3k+ votes
8mo
Since they are willing to check out and re-check in they may be willing to sign an agreement that any belongings left in the house do not constitute occupancy or tenancy. Ultimately I would ask a CA based real estate attorney if you want to be extra sure.
Real Estate Agent · Louisiana · Member since 2017 · 215 posts · 148 votes
8mo
Be sure you have it in writing that you're not responsible for items left in the garage during those two days. Would hate to see them come back for 2nd stay & claim they had a computer or something in there that is now "missing".
Rental Property Investor · Phoenix, AZ and Rehoboth Beach DE · Member since 2019 · 1k+ posts · 1k+ votes
8mo
If you allow them to leave belongings those 2 days, that wouldn't fool a judge from ruling the guests a tenant. Even the moving out for 2 days thing wouldn't fool them. Airbnb doesn't vet guests at all. Do these guests have another home? Or are they digital nomads without a house to go to? That's what I would want to know. I just allowed some guests to book my place for 28 days and then extend 7 days, because they told me up front that they had bought a house nearby, and needed a place to stay while they did some remodeling before moving into it. I was able to confirm what they said was true, and they also had (18) 5 star reviews on Airbnb. So I wasn't worried that they were trying to get tenancy. But otherwise, I would have required a lease like a long term rental.
Investor · Santa Clara, CA · Member since 2015 · 56 posts · 16 votes
8mo
Thank you all for your responses. Very helpful! The tricky part is that the guest has only been on Airbnb for 4 months while they did get three 5-star reviews.
I also called Airbnb. They told me that their specialist team will step in and guests will leave after that. But not sure how effective that process will be.
I actually think having a gap between bookings is a smart move. Creating a clear break in occupancy helps reduce the risk of crossing into tenant territory. I also don’t see a big issue with them leaving belongings in the garage, as long as it’s clearly documented.