In a tale that has become a homeowner’s worst nightmare, Wendy Weissman of Hermosa Beach, California, found herself in a legal quagmire when an Airbnb guest refused to vacate her property after his reservation ended. This incident has shed light on a troubling loophole in California’s tenancy laws, leaving homeowners vulnerable to similar situations.
The guest, identified as Evhan Lemarck from France, initially booked Weissman’s townhome for a month. However, after paying for 48 days, he stopped making payments and refused to leave, a scenario Weissman describes as squatting.
Legal loopholes and lengthy eviction processes
Hermosa Beach has specific regulations that restrict short-term rentals in Weissman’s neighborhood, allowing only bookings of 30 days or longer. This distinction is crucial under California law, as real estate attorney Daniel Bornstein explains. Once a guest remains in occupancy for 30 days, they establish tenancy rights making the eviction process a lengthy and costly civil litigation procedure that can take six months or more.
Bornstein advises homeowners to verify guests’ identities, confirm departure dates, and avoid rentals longer than 29 days to maintain the right to change locks. However, for Weissman, this option was no longer viable. The potential six-month eviction process could result in over $70,000 in lost rental income, while she would still be responsible for mortgage payments, property taxes, and legal fees.
The role of Airbnb and local law enforcement
Weissman criticized Airbnb’s response to the dispute, stating that the company did the absolute minimum by advising her to contact local law enforcement. However, police were unable to assist as the matter was considered civil. Lemarck claimed his credit card had been stolen and that he could not leave until it was replaced, further complicating the situation.
The dispute took a dramatic turn when a neighbor alerted Weissman to water pouring out of the townhome. Upon entering the property, she found evidence of damage, including an attempted break-in to a private closet. This emergency allowed Weissman to regain control of her property, and later that night, Lemarck loaded a U-Haul and left, leaving the townhome damaged and in disarray.
Airbnb’s response and the call for legislative change
While Airbnb offers damage protection through its AirCover program, Weissman believes the company should provide insurance for situations involving guests who refuse to leave. In a statement, Airbnb acknowledged the rarity of such issues and confirmed that they had removed the guest from their platform.
Weissman hopes her experience will spur legislation aimed at protecting short-term rental owners in similar situations. She emphasizes the need for stricter regulations to prevent guests from exploiting loopholes in California’s tenancy laws. As she puts it, booking on Airbnb with the lax eviction laws in California— they just get away with it.
This incident serves as a cautionary tale for homeowners considering short-term rentals, highlighting the importance of understanding local laws and the potential risks involved.
