AirBnB Occupant Who Won’t Leave – A Lodger?

AirBnB Occupant Who Won’t Leave – A Lodger?

Updated on September 11, 2021

Last night we posted an article on LinkedIn that is getting a lot of attention.  The article deals with how to quickly get rid of an unwanted occupant in a vacation rental who overstays their welcome.  You can read the article here:

How to Deal With Airbnb Occupants Who Refuse to Leave

With the expansion of AirBnB and other short term occupancy rental platforms the frequency with which we are dealing with lodger or short term rental issues is growing.

One starting point for the analysis of whether a person is a short term occupancy or a long term tenant is whether the short term occupants fits within the definition of a lodger.  California Civil Code 1946.5 provides useful framework for who is a lodger and what rights a lodger has to remain beyond the original term of their occupancy.   Interestingly, Civil Code section 1946.5 also makes reference to a California Penal Code section that applies to the lodger who overstays their welcome after the resident owner – emphasis on resident – gives the lodger the requisite notice that they need to leave the premises.

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There are also several California cases that describe the characteristics of a lodger and how, where there is an ambiguity as to the nature of the occupant’s rights, the characteristics of their stay can help lead to a lodger analysis.

Schorr Law’s lead attorney, Zachary D. Schorr, has lead a series of nationwide continuing legal education seminars for the National Business Institute on lodging, short term rentals and AirBnb/VRBO situations.   In addition, our firm has taken these matters to court.   For assistance with your lodger or short term tenant occupancy situation, contact us today to schedule a consultation.