The Daily Populous Monday June 10th, 2024 evening edition
Authored by abc7ny.com and submitted by Forward-Answer-4407

Airbnb renters refuse to leave, put up no trespassing sign on North Carolina woman's property

A months-long Airbnb rental has become a nightmare for the host, because the renters refuse to leave.

DURHAM, N.C. -- A months-long Airbnb rental has become a nightmare for the North Carolina host, because the renters refuse to leave.

A single parent in the Triangle is out money and now is having to fight to get her property back.

"Now they're refusing to leave until there's an eviction order. I think they're just trying to gain time to stay there for free because they haven't paid," Farzana Rahman said.

This all started when Rahman's most recent Airbnb guests made a long-term rental reservation through Airbnb. They checked in on October 25 with a check out date of May 24.

When Rahman's cleaning lady went to clean the rental the renters were still there.

SEE ALSO | Stranger finally moves out after living in Chatham home for sale against owner's permission

"They answered the door and they said, 'No, we haven't moved out.' She said, 'Should I come tomorrow?' And they said, 'No, don't come back,'" Rahman said.

Rahman then went to the rental with the police, and the renters promised the police officer they would leave first thing in the morning. The next morning, the renters were still not gone.

Instead, a handwritten no trespassing sign was on the front door, that stated, "We will vacate the property when you filed the proper paperwork with the civil magistrate for an eviction, for we are legal residents of this home."

"This is my place, and I mean, I'm counting on this income; my son is in college. I'm a single parent," Rahman said.

READ MORE | Stranger who moved into vacant Chatham home, refuses to leave says she was scammed

Rahman contacted Airbnb for help as she already had another long-term renter booked through Airbnb ready to move in. She said Airbnb has not been helpful.

"They're sending me messages as please get help for your safety and get whatever legal help you have to get to get them out," she said.

Troubleshooter Diane Wilson with our sister station, ABC11 in Raleigh, reached out to Airbnb several times, but no one got back to her. Airbnb does have on its website a section devoted to things to consider before hosting monthly stays. Airbnb warns hosts who have guests who stay for a month or longer that they may not be able to remove a guest without going to court.

Attorney Maya Davis with The Law Offices of James Scott Farrin said when guests stay longer than 90 days, it's typically considered a holdover tenant.

"The longer they stay, the more rights they develop, so the quicker you can act and get them out of there, the better it is," Davis said.

She suggests a host's first step is to call the police when a guest won't leave, and if the police won't take action, you need to file with the courts right away.

"You may have to file what we call the summary ejectment, which means that you want this person out, but you have to go through the court proceedings. So at that point, you have to give notice. You have to file and serve papers. You have to appear in court and get the court to grant that before you just remove someone from the property," Davis said.

SEE ALSO | Army reservist to get Texas home back from squatter who took it over

Troubleshooter Diane Wilson did go to Rahman's rental. No one answered the door. Wilson also left a message with the number listed on the sign, but no one called back.

As for Rahman, she filed eviction paperwork with the courts to try and get possession of her rental.

"It's wasted my time; it is wasting my energy; it is stressing me out," she said.

The court date for eviction is scheduled for the week of June 13; we will keep you posted.

RickAndToasted on June 9th, 2024 at 21:23 UTC »

Hate to say it but this is good example of how using a property management firm as opposed to just listing it online yourself as an owner (Airbnb, Vrbo, etc), will benefit you in the long term.

Airbnb is cheaper, for short term rentals, but they don't offer advice- like how long someone can stay without becoming a legal tenant- and don't actually work for you. With a property manager they work for you, and will know the laws bc they need a license to operate... Could have been avoided. I think people need to realize that renting space out isn't a hobby, it's a business and (like in this case) can make you a landlord with all of the legal restrictions that come with that

Evinceo on June 9th, 2024 at 17:46 UTC »

Month long airbnb rental, is that normal? I feel like someone was trying to be a landlord without the hassle of being a landlord.

kanakaishou on June 9th, 2024 at 17:18 UTC »

This sort of case is always the dark side of the law.

The law is great about dealing with people who are acting in good faith, and pretty good at giving people a fair trial if they have the ability to use the system (which is why court appointed defenders exist: if you don’t have council, you are going to have a bad time. That PDs are overworked and unable to manage the load is a tragedy, but their existence is important).

But if someone is acting in bad faith, knows they are guilty as sin, and are willing to push the system to its logical limits…then the law becomes an unusable mess. All the tools to give you a fair shake become weaponized tools of delay.

It’s a shitty system. But it’s also unclear that there are meaningfully less shitty systems, at least not without expanding the courts to manage the caseload.