Evicting renter from a vacation rental property

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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.

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  • Sheryl Griffin
    Investor · AZ · Member since 2014 · 130 posts · 64 votes
    12y
    Originally posted by @Account Closed:

    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.

    I've done it too, Michelle, and it only has to happen to you once to realize it's not worth doing it in the future.  I've been doing vacation rentals for a few years myself, and learned the hard way.  Stick to under 30 days, preferably under 14 and you'll most likely never have to deal with the scenario @Cory T has had to go through.  I know we all feel for her, but are equally learning where to take our own business in the future from this.

    1Reply
  • Ewa RezaPro Member
    Real Estate Agent · Los Angeles, CA · Member since 2009 · 146 posts · 75 votes
    12y

    What's interesting...

    After you evict this tenant, can you sue him for all the costs you had in order to evict? Like filing fees, lawyer fees, utilities, possible lost rent???

    Let's assume @Cory T. had another vacation booking the day after Maksym supposed to be moved out? Would she be liable to that new guest for cancelling last minute his reservation???

    0Reply
  • Account Closed
    CA · Member since 2011 · 762 posts · 182 votes
    12y
    Originally posted by @Ewa Reza:

    What's interesting...

    After you evict this tenant, can you sue him for all the costs you had in order to evict? Like filing fees, lawyer fees, utilities, possible lost rent???

    Let's assume @Cory T. had another vacation booking the day after Maksym supposed to be moved out? Would she be liable to that new guest for cancelling last minute his reservation???

     Most UD attorney's will get a judgment after eviction for lost rent etc, then offer to buy the judgment for about half of what they finally collect ... which is most often nothing.

    Liability to new guest depends on the contract.  Looking at the standard CAR lease form I see the incoming tenant has the right to cancel and get all monies returned after 5 days of landlord being unable to provide occupancy...so basically tough luck to the new guest.

    0Reply
  • Pierre Thernize
    Rental Property Investor · Washington, NJ (07882) · Member since 2013 · 85 posts · 20 votes
    12y
    @Michelle L, @Sheryl Griffin The way I see it. Since renting a property for more than 30 days convert your guest into a tenant. If you have to rent to someone for more than 30 days, you should screen the person as being a tenant, which means background check, credit check and security deposit, and any other thing that is customary in your area. While the screening doesn't guarantee that a situation like Cory's won't happen to you, but it surely minimize the risk. Or you could just avoid the risk altogether by not renting for more than 30 days. Disclaimer: This is not legal advice. I don't live nor do I know the laws of your state.
    5Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    12y

    @Cory T.  , you should grab a screen shot of this .

    He made an update at his kickstarter campaign: "

    'Ok guys, what's the latest deets on the drama? 10/10, would squat again'.

    Looks like he's admitting to squatting and would do it again. Might help in court.

    https://www.kickstarter.com/projects/829559023/confederate-express/comments?cursor=7434665#comment-7434664

    3Reply
  • Steve Babiak
    Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    12y
    Originally posted by @Michaela G.:

    @Cory T.  , you should grab a screen shot of this .

    He made an update at his kickstarter campaign: "

    'Ok guys, what's the latest deets on the drama? 10/10, would squat again'.

    Looks like he's admitting to squatting and would do it again. Might help in court.

    https://www.kickstarter.com/projects/829559023/con...

     Made link clickable ...

    3Reply
  • Jon Klaus
    Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
    12y
    Originally posted by @Michaela G.:

    @Cory T.  , you should grab a screen shot of this .

    He made an update at his kickstarter campaign: "

    'Ok guys, what's the latest deets on the drama? 10/10, would squat again'.

    Looks like he's admitting to squatting and would do it again. Might help in court.

    https://www.kickstarter.com/projects/829559023/con...

    Linked

    1Reply
  • Jon Klaus
    Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
    12y

    You are too quick for me, Steve. 

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

    I'm glad both of you knew how to add a link. I'm a technical moron (written with pride) and wouldn't even know how to do a screen shot - I can only tell others how to do it ;-)

    0Reply
  • Steve Babiak
    Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    12y

    @Michaela G. -all I did was added a carriage return after the URL!

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

    @Steve Babiak  I'm glad you know what a 'carriage return' is, because I don't think it has anything to do with untying the horses and returning the carriage to 'rent-a-carriage' ;-)

    1Reply
  • Henry M.
    Specialist · San Antonio, TX · Member since 2012 · 462 posts · 294 votes
    12y

    Squatter in Palm Springs also accused of duping online gamers

    Maksym Addresses Knuckle Club & Confederate Express Controversy

    Business Address

    Business Name

    Selling Game Demo 2nd Game "Confederate Express" (1st Game - Knuckle Club)

    Notorious Airbnb squatter may be the dev behind two flailing Kickstarter games

    0Reply
  • Henry M.
    Specialist · San Antonio, TX · Member since 2012 · 462 posts · 294 votes
    12y
    0Reply
  • Account Closed
    Homeowner · Pittsburgh, PA · Member since 2014 · 854 posts · 511 votes
    12y

    This guy is a total scumbag.  I sure hope he is deported.

    2Reply
  • Henry M.
    Specialist · San Antonio, TX · Member since 2012 · 462 posts · 294 votes
    12y

    It seems this guy is supposedly trying to develop games and has had issues dating back to March 2014.

    He starts getting called out slowly but surely in April to May 2014.

    So the point is, if he tries to counter sue you, in the event you go after this guy(s) via civil court... You have some evidence via Kickstarter's thread from Creator (your guy) they were failing before they even got to you Cory T.

    Just a head's up.

    Big Henry

    0Reply
  • Henry M.
    Specialist · San Antonio, TX · Member since 2012 · 462 posts · 294 votes
    12y

    This is where their business address was located... An Apt. Complex

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

    Well, I'm just so hooked on the drama of this 'soap opera' - lol

    Well, the name Pashanin seems to not be very common. These 2 are the only ones in the U.S., who have it. 

    And when searching under Pashanin , very few other people show up. Here's a Retired Russian Major Yuriy Pashanin , who saw a UFO in Penza. 

    And it also happens that our friends, Maksym and Denys originated in Penza.

    Father?

    (Yes, I realize that they use a different alphabet and that there are likely more people with this last name and they just won't show up in an English google search)

    http://ufohunterorguk.com/2012/05/21/russian-major-releases-ufo-footage-2012-hd/

    1Reply
  • Donna Martinez
    Investor · The Sea Ranch, CA · Member since 2014 · 18 posts · 14 votes
    12y

    The Kickstarter gang is rather upset... and now the squatters' cover is being blown there too

    Accused Airbnb squatter: 'Would squat again'

    http://www.polygon.com/2014/7/27/5941641/airbnb-squatter-update-comment

    [copyright material removed]

    1Reply
  • Joshua Springer
    Residential Real Estate Agent · Columbus, OH · Member since 2013 · 281 posts · 110 votes
    12y

    Pretty unreal this guy has the fortitude to brag about his squatting.

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

    And Maksym backwards is 'my skam'

    8Reply
  • Account Closed
    Homeowner · Pittsburgh, PA · Member since 2014 · 854 posts · 511 votes
    12y
    Originally posted by @Michaela G.:

    And Maksym backwards it 'my skam'

     I read that post on there. 

    0Reply
  • Henry M.
    Specialist · San Antonio, TX · Member since 2012 · 462 posts · 294 votes
    12y

    "What an embarrassing with-hunt?"

    This My-Skam is ridiculous. He'll find out real quick the laws protecting him in this country are the same laws which will condemn him.

    If I was AirBnB and KickSarter, I would go full force on this guy. Imagine the money they will lose by this guy not only racking up the bill and stealing money from Cory T., but also from all those poor true backers wanting to believe in the this guy's projects.

    ____

    Here's a message to you Maksym:

    Here's the catch My-Skam, if you believe you can still pull the wool over anyone's eyes by piecing your project together via trying to finish either of your games and think that's going to justify your squatting and stealing money from Cory T. & the Backers of your game (s)... Not to mention AirBnB & KickStarter, then you're wrong and definitely don't know squat! This is America! We believe in good business and great relationships! A wo/man is only as good as their word and the relationships s/he has built along the way. You might believe you are justified in your little victim mind, but know this... The truth will always prevail. I think I speak for those who you have hurt and continue to hurt that your scamming days are numbered and over. Yeah you may still get a buck or two here and there, but fella, you and anybody you are associated with is now "put on blast" (teenager lingo)! We are not afraid of you and as a BP Family "member", You don't freaking mess with family, period! By the way, to everyone else... Have a blessed day;)

    -----

    Cory T., we got your back.

    We all hate being taken advantage of, but as the old painful saying goes, "what doesn't kill you/us will only make you/us stronger".

    Your American BP Family & Peer,

    Big "Bad" Henry

    PS: Forgive the "run-on" statement but I was in the moment. 

    0Reply
  • Spenser Harding
    Rental Property Investor · Tacoma, WA · Member since 2014 · 117 posts · 35 votes
    12y

    Cory hasn't responded in a couple days, I wonder where she is? Hopefully she didn't get a "shhhhh" letter from a lawyer.

    0Reply
  • Bob E.
    Queen Creek, AZ · Member since 2014 · 2k+ posts · 1k+ votes
    12y

    I was reading The Section 8 Bible last night and there were some great stories about people who wouldn't move out.  In one case someone just ripped the electric meter off the wall at a rental and the landlord refused to fix it.  A clear case of vandalism.  

    1Reply
  • Account Closed
    Dallas, TX · Member since 2013 · 4k+ posts · 744 votes
    12y

    Does anyone know when her court date is on the eviction?

    Joe Gore

    0Reply
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