Evicting renter from a vacation rental property

306 Replies

Originally posted by @K. Marie Poe:
Originally posted by @Daniel Shepstone:

Sorry to here about this Cory... Just a minor setback. Glad you are getting all this help and exposure, and that we can learn from it too. I thought your lawyer was going to serve a 30 or 60 day notice? How was the UD served so quickly? I presume the lawyer must have determined the 3-day notice was sufficient and the 30-60 day not necessary.  

Cory hasn't been paid by the squatter since July 8.  You can post and mail a 3-day pay or quit the first day the rent is past due.  If they don't pay in 3 days you can file the UD.  If the goal is to vacate the unit, it's a good idea to post the 30-day (or 60 day) termination of tenancy notice at the same time as the 3 day pay or quit, just in case the tenant pays. At least that's the way we do it.  It's not cut and dried and nothing is certain.  After being served the unlawful detainer, the defendant has 5 days to answer or the judge will award the landlord a default judgment.  If they answer (and pay the court fee), it will put the case on the calendar which buys them more time.

 You're usually right K but I'm not sure I'd give the 30/60 day notice at all. I can just see in court the tenant claiming either they didn't get the 3 day notice and were proceeding under the 30/60 day notice, or they were confused by the mixed notices and choose to follow the landlord's direction under the 30/60 day (but of course never leave and never pay, only to buy time). UD judges can be pretty nutty sometimes.

Reminds me of a movie I saw about how President Kennedy handled the Bay of Pigs incident, he got two separate messages from the Russians and choose the one he liked best and denied receipt of the other...it worked.

It is best to let the sheriff's office delivery the three-day notice, and yes they do charge but the tenant cannot say they never receive it.


Joe Gore

Originally posted by @David C.:
Originally posted by @K. Marie Poe:
Originally posted by @Daniel Shepstone:

Sorry to here about this Cory... Just a minor setback. Glad you are getting all this help and exposure, and that we can learn from it too. I thought your lawyer was going to serve a 30 or 60 day notice? How was the UD served so quickly? I presume the lawyer must have determined the 3-day notice was sufficient and the 30-60 day not necessary.  

Cory hasn't been paid by the squatter since July 8.  You can post and mail a 3-day pay or quit the first day the rent is past due.  If they don't pay in 3 days you can file the UD.  If the goal is to vacate the unit, it's a good idea to post the 30-day (or 60 day) termination of tenancy notice at the same time as the 3 day pay or quit, just in case the tenant pays. At least that's the way we do it.  It's not cut and dried and nothing is certain.  After being served the unlawful detainer, the defendant has 5 days to answer or the judge will award the landlord a default judgment.  If they answer (and pay the court fee), it will put the case on the calendar which buys them more time.

 You're usually right K but I'm not sure I'd give the 30/60 day notice at all. I can just see in court the tenant claiming either they didn't get the 3 day notice and were proceeding under the 30/60 day notice, or they were confused by the mixed notices and choose to follow the landlord's direction under the 30/60 day (but of course never leave and never pay, only to buy time). UD judges can be pretty nutty sometimes.

Reminds me of a movie I saw about how President Kennedy handled the Bay of Pigs incident, he got two separate messages from the Russians and choose the one he liked best and denied receipt of the other...it worked.

On this topic, I'm not usually right.  My success rate on fast and easy evictions is 50%.  The other 50% ranges from eventual cash-for-keys with PITA tenants/squatters to 60+ days and property damage.  Property damage tends to come with the territory for a lot of the stuff I buy though.

I misspoke above.  At the time the OP's squatter was supposed to be gone, I would have posted just a notice to quit.  Not a quit or pay.  The reason to post a 30-day at the same time as the notice to quit is so you don't have to start over if the tenant answers the UD complaint with a some kind of defense the court will consider.  The OPs squatter could answer the complaint with some weirdness about a verbal agreement about staying longer, or counter claim harassment, or bring totally crap fabricated evidence to court. If he prevails, I'd want to make sure that the 30-day termination was in place so I could file a new UD at the end of the 30 days,  if I had to. Again, that's the way I've done it so far.  

Can someone mention Aaron Mazzrillo? I'm guessing he has some strategies as I'm sure he's vacated more holdover tenants than me.

Ok, I just found him on Linkedin and he's only been in the U.S. for a little over a year. That means that he's likely on an H1B visa and any kind of legal trouble can create major problems for him. 

Now, there is a recently signed law in California, where you can't threaten someone with reporting them for their legal status, but I'm pretty sure that this is only applicable for undocumented workers. 

Just saying..

Originally posted by @Michaela G.:

Now, there is a recently signed law in California, where you can't threaten someone with reporting them for their legal status,  but I'm pretty sure that this is only applicable for undocumented workers. 

Just saying..

Don't threaten, just do it! 

Originally posted by @Bob Bowling:
Originally posted by @Michaela G.:

Now, there is a recently signed law in California, where you can't threaten someone with reporting them for their legal status,  but I'm pretty sure that this is only applicable for undocumented workers. 

Just saying..

Don't threaten, just do it! 

The 'doing it' is not going to get him out, because that might take a long time. But to make him aware of potential future repercussions by....maybe her attorney....could make him rethink this action.

@Cory T.  Has the process server been able to serve the squatter in your condo? Given that it appears he knows what he is doing, somewhat, he may be playing a lot of hide and seek and not answering the door.  The good news is that the doors and windows are probably closed now, wasting less electricity.  

@Cory T. and all the many others who have responded here. 
Yes! This thread indeed has become quite a complete how-to guide for squatting in vacation rentals in California.  To that I say a heartfelt thank you! I look forward to your blog developing.

Sadly this has all landed in your lap, Cory. But please be proud of what has happened as a result.

Your story is beginning to go viral- or at least globalhttp://www.biggerpockets.com/forums/52/topics/1364...

http://www.smh.com.au/travel/travel-planning/trave...

See more on Google search: http://tinyurl.com/nkefbvo

And now Fox has the story too:

http://www.foxnews.com/travel/2014/07/22/airbnb-nightmare-as-renter-turns-squatter-in-palm-springs-condo/

As a new VR owner in northern CA this is hitting home with me - We had "guests" who now I suppose are better called, tenants, stay at our VR for 45 days. They are known VR hoppers- moving from one rental in the neighborhood to another. We were blessed/lucky to have them well screened and actually personally known by our Property Manager.

And because of the link within the Business Insider's article I'm pleased to have discover THIS group.

I never even heard of airbnb before this thread so pardon my ignorance.  But I was having lunch in Palm Springs Saturday with a property manager that is active in the area and is familiar with both airbnb and vacation rentals.  When I mentioned this thread his immediate response was it's the hosts responsibility to vet the guest, and further, if the rental is less than 30 days you simply call the cops to get them out if they don't leave.

We also got into how some CC and R's prohibit rentals less than 30 days but, as was pointed out, is pretty much irrelevant to the host-guest relationship.

If you're on top of things as a host it seems easier than being a CA landlord.  Not sure why his turned into such a drama.

Ok, so he's here on an H1B visa with one software company, while he's , according to his kickstarter sites, started a company called kilobyte and is supposedly working on that fulltime. 

His H1B visa does not allow him to work any other kind of job/business aside from the company that sponsored him.

I would definitely do some screengrabs of those 2 kickstarter campaign details and the interviews he's given, as those incriminate him. 

He does sell himself as having a USA customer that is 'vacation rentals web resource' 2010 - present'. Global platform for web application that allows to manage bookings for property owners. 

If anyone has concrete proof, he is here on a H1B visa, and he is defrauding someone he will lose the visa and the one that sponsor him will be fine. What is the name of the company that is sponsoring him?


Joe Gore

Perhaps getting him out will be as easy as calling Immigration!!!

If you would like to report illegal aliens, please call Immigration and Customs Enforcement (ICE) at 1-866-DHS-2ICE (347-2423). They will need to know names, locations (either work place or residence) and any other specific information you can provide. Visit www.ice.gov for more information.

No, reporting him will not speed things up, because he has a right to due process and he'd likely hunker down, because he won't have anything left to lose. Plus it would still leave his brother to deal with.

But informing his company and making them aware of this might make them pull him out of that situation, because they don't want to get mixed up in it

@Aaron Mazzrillo   - Well said. Everyone experiences lost, I wont act like I haven't been taken to the cleaners a time or two! We learn, we grow. Don't panic and stay calm is EXCELLENT advice, and something we can all take advice from.

@K. Marie Poe - I bet AirBnB are getting more scammers because most AirBnB hosts are not full time landlords, so they know they can get an easier target than going through a normal route of renting out a unit. A scammer smells the fish, so that would be my bet on why its escalating in this arena. An Airbnb host usually isn't in addition learning the ups and downs of tenant laws for this cities like people on this site doing it for the last 5 years. Sometimes you really do learn from experience for us, and for anyone new getting into the business. Now, if you're a professional scammer (this guy definitely looks like that duck), it doesnt matter if you're new or experienced, we can get caught up in this.

@Cory T. Shame on Airbnb for deleting your messages! I am glad they came back, but its seems terribly unethical and shady business practices. I have used AirBnB Many times, and YOUR STORY WILL HELP OTHERS PREVENT THIS FROM HAPPENING IN THE FUTURE!! Your frustration is felt, but thank you! I am now going to jump on with my attorneys (I use prepaid legal services, and the VA lawyers are great!) and ask them about what is the time line before someone switches from a short term occupant to a full fledged tenant. And yes, Airbnb SHOULD have individual notices for each state (easy to do, 1 weeks worth of effort on their part), and let owners in each state what the time line is for rentals before it becomes a short stay to a legal tenant stay. I mean, protect your customers AND yourself, Airbnb!!

Its sad your in California. I posted a few videos on the differences between landlord vs tenant friendly states, and I would honestly never INVEST my money in California at all for that reason. You live there, so its harder for you to escape CA's ridiculousness, but there are investors who absolutely keep the laws in mind when deciding to invest. CA and NY don't deserve honest money.

@Michaela G. You're so amazing! I always love reading your post, your perspective is different and relevant. I actually took screen shots of that youtube page for the OP, if they ever need it. Maybe not, but its interesting his 1M plus vacation rental company connection. Very shady. But great detective work :-)

Home Land Security take visa fraud very serious when it is a H1B visa. It looks like no one is willing to post the company information that sponsored him.


Joe Gore