Evicting renter from a vacation rental property

Short-Term & Vacation Rental Discussions
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Evicting renter from a vacation rental property

Cory T.
San Francisco, CA · Member since 2013 · 69 posts · 68 votes

Hello All,

I have a one-bedroom vacation rental condo in Palm Springs that has been listed on AirBnB for about a year now. I have my first stressful problem: a vacation renter with a 44 day reservation who will NOT leave now that the reservation has expired. (Payment was received for first 30 days, but not for the remaining 14 days). This is all new, to me, and I believe I have a professional scammer on my hands.

Unfortunately Airbnb has not provided support, and is only helping me via email responses every 48 hours or so. The information from Airbnb has been confusing, convoluded and contradictory at best. The summary is that somehow Airbnb collected payment for the first 30 days rental, and was unable to collect payment for the remaining 14 days. The renter has been there 14 days without paying. Today is the date that this reservation expires. (Original reservation May 25-July 8th.)

The tenant is refusing to leave, and sent me a text message this morning that borders on blackmail. I believe he is a professional scammer, and I now need to hire an attorney.

Has anyone had to deal with a similiar situation, or have advice to offer? Does anyone have a landlord-tenant attorney recommendation for the Palm Springs area?

Thanks for reading, and thanks for potential suggestions/solutions. 

Sincerely,

Cory

10Reply
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Most Popular Reply

Richard C.
Bedford, NH · Member since 2012 · 2k+ posts · 1k+ votes
12y

Lessons here:

Don't allow bookings of 44 days in a state where 30 days residence results in tenant rights;

Before renting on Airbnb, be sure that doing so is legal in your state/allowed by your condo association;

No self-help.  Get a lawyer, right away.

26Reply
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  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    12y

    On the kickstarter campaign he uses the last name Pashanin and look what I found 

    http://www.plainsite.org/dockets/ztxp7gj1/superior...

    1Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    12y

    @Cory T.  - I'm sending you the contact for the defendant of above lawsuit by direct message

    2Reply
  • Account Closed
    Homeowner · Pittsburgh, PA · Member since 2014 · 854 posts · 511 votes
    12y

    @Michaela G. 

    You sure are good at digging stuff up.

    2Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    12y

    @Account Closed  - I love the hunt ;-)

    1Reply
  • Account Closed
    Homeowner · Pittsburgh, PA · Member since 2014 · 854 posts · 511 votes
    12y
    Originally posted by @Michaela G.:

    @Cory T.  - I'm sending you the contact for the defendant of above lawsuit by direct message

     I bet if the media had that information when they first aired the story, they would have sought him out for an interview.

    0Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    12y

    well, they have that now and I bet there'll be a follow-up that'll pull the comenters away from blaming Cory to seeing what a scumbag this guy really is ;-)

    0Reply
  • Account Closed
    Homeowner · Pittsburgh, PA · Member since 2014 · 854 posts · 511 votes
    12y
    Originally posted by @Michaela G.:

    @Account Closed  - I love the hunt ;-)

    Me too ;-)

    0Reply
  • Account Closed
    Dallas, TX · Member since 2013 · 4k+ posts · 744 votes
    12y

    I made a phone call, and Home Land security is aware of Pashanin, Maksym, and they are in the process of revoking his HIB visa and a person by the name of Haida Summers fill out a K-I visa application to marry Pashanin Maksym, and both had an appointment at 606 S Olive St Ste 1500, Los Angeles, CA 90014 on 07/18/2014 and they did not show.


    Joe Gore

    3Reply
  • Paul S.
    Investor · Valparaiso, FL · Member since 2014 · 374 posts · 76 votes
    12y

    Wow, the BP community is really active on this one especially since it has been picked up by the media. I wish you the best of luck getting this guy out of your property.

    0Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    12y

    Well, he's obviously not living with his fiance/wife ;-)

    0Reply
  • Account Closed
    Homeowner · Pittsburgh, PA · Member since 2014 · 854 posts · 511 votes
    12y
    Originally posted by @Michaela G.:

    Well, he's obviously not living with his fiance/wife ;-)

     Well at least the scumbag is traditional and not shacking up before the wedding.  :-)

    4Reply
  • Account Closed
    Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    12y

    The OP's squatters seems to have an internet trail that would have been relatively easy to check before he moved in.  He sued his SF landlord in 2012 for construction noise in his backyard. That pops up right on the first search page. 

    All the residency status issues being touted here don't help the OP unless the INS goes and and picks him up from the condo.  At least they have the address.  CA landlords can't even ask about residency status or require any documentation of legal residency (although they can require ID or proof of employment, sometimes which will be residency related). He's still entitled to due process.  He can still counter claim harassment by the landlord, which he has experience doing, or file a new law suit.

    0Reply
  • Rob K.
    Investor · Southeast, MI · Member since 2012 · 2k+ posts · 1k+ votes
    12y

    I'm really surprised that AirBnB is not doing more to help. The amount of negative publicity that they are getting is huge. How many people out there will read these stories and never deal with them? I know that I wouldn't......

    1Reply
  • Chris C.
    Real Estate Investor · Victor, NY · Member since 2013 · 49 posts · 3 votes
    12y

    Do you guys think it would have helped if she had a local management company to handle the booking, lease signing and key turnover? It would seem that airnnb is kind of like the zillow or trulia of the sharing economy, but is still no replacement for on the ground management and an educated gut feeling. 

    0Reply
  • Account Closed
    Dallas, TX · Member since 2013 · 4k+ posts · 744 votes
    12y

    I think it might turn out different. I think if you expose the party you were dealing with at Airbnb that person would try to fix the problem knowing they would be exposed to the great WWW.


    Joe Gore

    0Reply
  • Mark Gallagher
    Flipper/Rehabber · Allentown, PA · Member since 2011 · 1k+ posts · 701 votes
    12y

    For all the negative press, you'd think Airbnb would offer the guy something like $10,000 just to get the heck out if he signs a release of all claims type of form. 

    0Reply
  • Account Closed
    Investor · Honolulu, HI · Member since 2013 · 3k+ posts · 1k+ votes
    12y
    Originally posted by @Mark Gallagher:

    For all the negative press, you'd think Airbnb would offer the guy something like $10,000 just to get the heck out if he signs a release of all claims type of form. 

     Yeah, that will stop all this squatter bull.

    0Reply
  • Account Closed
    Investor · Honolulu, HI · Member since 2013 · 3k+ posts · 1k+ votes
    12y
    0Reply
  • Henry M.
    Specialist · San Antonio, TX · Member since 2012 · 462 posts · 294 votes
    12y

    You know what, reading this entire thread makes me proud to be in the BP Family. The community has been outstanding for the most part. You'll have a troll or two trying to rock the boat but you have plenty of support. 

    Cory T., this may be a blessing in disguise. Hang in there. Unfortunately, you have to take one for the team. The price for educating us all. Yes, it sucks you having to go through this in real time but we thank you in advance. 

    I first learned about AirBnb from a passenger in June 2014 and he thought it was great. I brought up this potential problem in general and he shrugged it off. Wow, I hope I run into this guy again to share this thread. But I'm sure the media will help spread the word.

    K. Marie Poe & Michaela G., what a support system you guys are. Geez, I'm going to you if ever in need of help.

    I look forward to the outcome. 

    Big Henry

    11Reply
  • Henry M.
    Specialist · San Antonio, TX · Member since 2012 · 462 posts · 294 votes
    12y

    CNN: Guests refuse to leave Airbnb host's house

    UK News: Airbnb user turns squatter: Woman facing legal battle to get vacationer out of her Palm Springs home

    Lifestyle: Philly.com

    Business Insider

    The Dark Side of AirBnB Emerges: Squatters Who Victimize Gullible Renters

    The Desert Sun

    These are just a fraction of your story Cory T. I think the cat's out of the bag. I mean, your story is in the UK News and now CNN.

    I wouldn't doubt you start TV interviews soon. Lol.

    Stay strong.

    Big Henry

    2Reply
  • Joshua Springer
    Residential Real Estate Agent · Columbus, OH · Member since 2013 · 281 posts · 110 votes
    12y

    I saw it on the front page off cnn.com

    Wow what a great job getting this out.  I hope this will effect this "renter" for a long time and airbnb gets its act together!

    0Reply
  • Cameron Lewis
    Real Estate Investor · Columbus, OH · Member since 2014 · 6 posts · 3 votes
    12y

    So I just joined the BP community today after reading this entire thread plus the articles and news coverage within,  and I wholeheartedly agree that this is an amazing display of people coming together to lend a helping hand, researching,  and offering words of encouragement.  With all of the negativity in the news today, this little forum thread was a nice relief. 

    @Cory T.  - I truly hope this situation works out to the best possible scenario, and as a result you are probably more knowledgeable and informed than ever before.  And who knows, maybe you could use this to gain future investments !!

    Cheers!

    3Reply
  • Cal C.
    Investor · Peachtree Corners, GA · Member since 2014 · 1k+ posts · 1k+ votes
    12y

    This is now in the big time officially since it made Drudge!

    0Reply
  • Account Closed
    Property Manager · Big Bear Lake, CA · Member since 2013 · 585 posts · 330 votes
    12y

    If any of you find out how to handle vacationers that want to stay for 6 weeks without creating a tenant situation, please let us know. I'm now scared to rent to anyone over 30 days in California. I've done it lots of times in the past, but now am really hesitant to do it.

    1Reply
  • Sheryl Griffin
    Investor · AZ · Member since 2014 · 130 posts · 64 votes
    12y

    Do you guys think it would have helped if she had a local management company to handle the booking, lease signing and key turnover?

    @Chris Catt  I truly don't think so.  It quite possibly may have happened with a local PM company too.  I had a local PM at one time, and something similar to this happened to me, and I had to get in my car and drive 2 states away to handle things myself plus they were keeping a 45% cut of my rental income for their duty which they did not do.  Nothing against PM's, since I am one myself, but after that, I started managing my own out-of-town vacation rentals via VRBO websites, and no more rentals over 7 nights.  I highly recommend PM's for owners not interested in handling the responsibility and for long-term leases - that's their specialty, not for short-term, which should typically be under 30 days anyway since that's the reason we call them vacation/nightly rentals.

    1Reply
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