Airbnb guest refusing to leave after 28-day booking ended - am I screwed?

I'm in a nightmare situation and need help urgently.

I own a condo in San Francisco that I've been renting out on Airbnb for the past 2 years. In December, a guest booked it for 28 days (Dec 15 - Jan 12). Clean background, good reviews, said he was relocating for work and needed temporary housing.

Checkout was supposed to be January 12 at 11am. He didn't leave. I messaged him on Airbnb - no response. Called him - he answered and said "I've decided to stay here. I established tenancy and you need to evict me if you want me out."

I called the police. They came out, talked to him, and told me it's a "civil matter" and they can't remove him. He showed them mail he had delivered to the address and a CA driver's license he got with my address on it.

I contacted Airbnb. They basically said "this is outside our platform, you need to resolve it yourself." They closed the case.

Did this guy actually establish tenancy in 28 days? Can I just change the locks? What are my options here? I have another guest booked starting Jan 20 and now I can't honor that reservation.

California real estate attorney here. I'm sorry but you're in a very difficult position.

The bad news:

In California, stays of 30 days or more typically establish a tenancy. Some jurisdictions (including San Francisco) consider tenancy established after just 14 days. Even though your booking was 28 days, the fact that he's claiming residency and has evidence (mail, ID) means he probably has established tenant rights.

This means:

• You CANNOT change the locks or physically remove him (that's illegal "self-help eviction")
• You CANNOT shut off utilities
• You must follow formal eviction procedures
• In San Francisco, evictions can take 6-12 months or longer

What you should do immediately:

1. Hire a landlord-tenant attorney in SF TODAY. This is not a DIY situation.
2. Serve him with a 3-day notice to pay rent or quit (he owes rent for Jan 13 onward)
3. Document everything - all communications, the original Airbnb booking, his refusal to leave
4. File an unlawful detainer lawsuit as soon as the 3-day notice period expires

DO NOT take any self-help actions. If you illegally evict him, he can sue you for damages and you'll be in an even worse position.

This is a known scam. Professional squatters target short-term rentals, book for 28-30 days, establish "tenancy," then refuse to leave. They know landlord-tenant law and exploit it.

I've heard of cases where these people stay rent-free for 8+ months while the eviction grinds through the courts. And San Francisco has some of the most tenant-friendly (landlord-hostile) laws in the country.

Some things I've learned from other hosts who went through this:

• Offer cash for keys - literally pay them to leave voluntarily (cheaper than eviction)
• Some hosts offer $2,000-$5,000 for immediate departure
• Get everything in writing if they agree
• Have them sign a release and vacate immediately while you're there

It's infuriating but sometimes paying them off is the least-bad option.

I looked into his background more carefully. Turns out he has a history of this. I found a lawsuit from 2023 where another Airbnb host in San Jose sued him for the exact same thing. That case took 11 months to resolve.

I'm going to call a landlord-tenant attorney tomorrow morning. In the meantime, should I:

• Try to serve him with a pay-rent-or-quit notice myself?
• Reach out to offer cash for keys?
• Contact the local news? (I'm desperate and this feels like something they'd cover)

I'm also completely screwed with the guest who booked starting Jan 20. Do I cancel and refund them? What do I tell them?

Do NOT serve any notices yourself until you talk to an attorney. San Francisco has very specific requirements for eviction notices and if you do it wrong, you have to start over (adding weeks to the timeline).

Also, if he's a professional squatter with a prior case, he knows the law better than most landlords. He will exploit any procedural mistakes you make.

Cash for keys: This is worth trying but be very careful. Common mistakes:

• Don't hand over money until they're physically out and you have the keys
• Get a written agreement that they're voluntarily vacating and releasing all claims
• Have them sign in front of a witness or notary
• Do the exchange during the day with someone else present

Your other guest: Cancel and fully refund them immediately. Explain there's a property issue. If you try to force the squatter out and fail, you'll be on the hook for that guest's alternative accommodations AND Airbnb may penalize your account.

Media: Be careful. Publicly shaming him could backfire if he sues you for defamation or harassment. Focus on the legal process.

I practice tenant defense in SF, so I'm coming at this from the other side. Few things to know about San Francisco specifically:

SF Rent Ordinance is extremely pro-tenant. If he established tenancy (which it sounds like he has), you're subject to:

• Just cause eviction requirements - you can only evict for specific approved reasons
• Rent control - you can't raise rent more than the annual allowable increase
• Tenant harassment protections - any aggressive tactics can result in penalties
• Relocation assistance requirements in some eviction scenarios

Your best argument is that this was a short-term rental and he overstayed. But because he's been there 30+ days now, he may have tenant protections.

The "owner move-in" eviction won't work here because you were using it as a short-term rental. You'll probably need to go with "breach of lease" (unauthorized holdover after booking ended).

Timeline in SF courts right now: 6-9 months minimum for uncontested eviction, 12-18 months if he fights it.

Check your homeowner's insurance and any separate Airbnb host insurance you have. Some policies include "host guarantee" coverage that covers property damage and legal fees for situations like this.

Airbnb's Host Guarantee is basically useless for this (as you discovered), but if you bought third-party short-term rental insurance, they may cover:

• Legal fees for eviction
• Lost rental income during the dispute
• Property damage

Also document any damage or unauthorized changes to the property. Take photos, videos, written notes with timestamps.

Update: I hired an attorney yesterday. She confirmed everything you all said - I'm looking at 6+ months minimum to get him out through eviction.

She's drafting a cash-for-keys offer: $3,500 to vacate by January 22, plus written release of all claims. She said that's cheaper than one month of legal fees, let alone 6-9 months of litigation.

I'm also filing a report with Airbnb Trust & Safety with evidence of his prior scam. Not expecting much but want it documented.

The financial damage so far:

• $2,800 - refund to the guest I had to cancel on Jan 20
• $1,500 - attorney retainer
• $3,500 - cash for keys offer (if he accepts)
• Lost bookings for January-February: ~$8,000

Total: Over $15,000 in damages from a $2,100 booking. Absolutely devastating.

For what it's worth, $3,500 cash for keys is probably the right move. I've seen hosts spend $20K+ in legal fees fighting these cases on principle, only to still lose months of income.

After this is resolved, some suggestions to protect yourself:

• Never accept bookings longer than 27 days (stay under the 30-day threshold)
• Screen guests carefully - look for accounts with long history and verified reviews
• Add language to your house rules about the 30-day rule and that extended stays require a separate agreement
• Consider getting proper short-term rental insurance that covers squatter situations
• In high-risk jurisdictions like SF, maybe just don't do Airbnb at all - regular long-term rental might be safer

I'm sorry you're going through this. It's a known problem and Airbnb does basically nothing to protect hosts.

RESOLVED (sort of). He accepted the cash-for-keys offer. My attorney met him yesterday with a cashier's check, he signed the release agreement, handed over the keys, and left.

I immediately changed the locks and documented the condition of the property. Minor damage (scuff marks, stained carpet) but nothing major.

Total financial damage: $15,850 between the cash payment, legal fees, cancelled bookings, and refunds.

I'm pulling the property off Airbnb permanently. Going to do a traditional 1-year lease instead. The Airbnb income was nice but this experience showed me the risk isn't worth it in San Francisco.

Thanks everyone for the advice. If anyone else faces this: GET AN ATTORNEY IMMEDIATELY and seriously consider cash for keys. Fighting on principle will cost you way more.

Glad it resolved quickly. $15K is painful but you likely saved yourself another $15K+ in legal fees and 6 months of lost income by settling fast.

One more thing: Keep all documentation from this incident (the Airbnb booking, communications, the signed release agreement, evidence of his prior scam). If he ever tries to make a claim against you later, you'll need that paper trail.

Also consider reporting him to local authorities. This is effectively fraud - booking short-term rentals with intent to squat. Whether they'll prosecute is unclear, but at minimum it creates a record.