Long Term Airbnb - Guest Gaining Tenant Rights

12 Replies

Hello,

Anyone have experience with longer term Airbnb stays as a host? Is there a solid way to avoid the guest establishing tenant rights? Would requesting them to book 28 days at a time, consecutively help with this issue, or would they still establish tenant rights after day 30?

Not asking for legal advise, just experiences that others have had or done.

Thanks! 

I have one guest that stays that long every December. I started off with a written lease/agreement now I just handle it via email. They are on their 4th year.

@John Underwood Thanks for the reply. Do you request that they book multiple separate stays on Airbnb (28 days in length for example) or have you moved past the Airbnb platform with them etc. I am not in position to do outside of the platform with this guest at this time, yet.

Thanks! 

I've had someone stay 18 months, another stayed 51 weeks, and currently have some that will be 2 years next month.  I just collect rent each week like I did their 2nd week.

I did have some tenants that became psychotic mutts after 12 months.  I had their utilities disconnected in December.  One of those guys ended up in a mental institution.

Originally posted by @Jason Charlton :

@John Underwood Thanks for the reply. Do you request that they book multiple separate stays on Airbnb (28 days in length for example) or have you moved past the Airbnb platform with them etc. I am not in position to do outside of the platform with this guest at this time, yet.

Thanks! 

 I do this on off of Vrbo.

Originally posted by @Jason Charlton :

Hello,

Anyone have experience with longer term Airbnb stays as a host? Is there a solid way to avoid the guest establishing tenant rights? Would requesting them to book 28 days at a time, consecutively help with this issue, or would they still establish tenant rights after day 30?

Not asking for legal advise, just experiences that others have had or done.

Thanks! 

It varies by locale but in most of the markets I‘m operating in, guests can gain tenants’ rights after 30 days. Thus, I refuse to let any guests stay 30 days or longer. It works out fine, I have plenty of short term rental demand so I don’t need the longer stays

What happens if someone gets "tenants rights"?  Is that bad?

@Curt Bixel Typically, that gives them rights in regards to local law and evictions. Meaning, if they were to decide to not leave, you can't just throw them out, you have to go through proper process, which would take time and $. 

  • We host folks for over 30 days frequently. This year, Airbnb has actually made a very big push into 30+ day rentals and many hosts pivoted to this model. Fundamentally, the main difference is that if someone books for 30+ days, you also want to send them and have them sign a lease.
    Most Airbnb guests won’t have any problems with that. Alternatively, yes - you can try to adjust the stay duration, limit it to <29 days and so on. But it seems easier to just do a lease and be done with it.

Thanks. That seems to make sense to me. If they want to stay longer than 30 days and are willing to pay STR rates, why not. They can stay for years as far as I am concerned. :)

80% of my guests stay about 2 months and I did not have a problem yet with them claiming tenants rights. 

but if you are concerned you should limit it to 27 nights since a lot of states have the 28th night considering as a month already. 

you should talk to your lawyer ideally he understands Short term rental and hotel law.