Q: I need to know about the legality of non-payment in an air bnb house.
My business partner and I have been renting an air bnb house for 13 months (120 days first booking, then extended) with no problems. We are involved in a long-term global financial partnership that is awaiting conclusion and is finally being concluded now. The rent has been paid from my partner's account at Chase, but this month there was an issue between Chase and B of A concerning $25,000 and an investor into the long-term program on which we have been working. Basically, that money is ibn limbo for up to another 20 days but should eventually be returned to us. We are informed our rental payment did not go through -- it is legally due tomorrow. But we might need another couple of weeks to get all this straightened out, at which time we will be glad to pay the rent, leave the house and agree to any penalties due. I have found conflicting infoirmation regarding evictions in air bnb -- most say since we have been here so long, we are tenants and would require a court order to leav
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A:
In California, the distinction between a short-term guest and a tenant hinges on the length of stay and the agreement's terms. If you've been renting a property on Airbnb for over 30 days, especially continuously, you may be considered a tenant under state law, granting you rights similar to those in traditional rental agreements.
Non-payment of rent, even in an Airbnb scenario, can lead to eviction processes. However, if you are considered a tenant, the landlord must provide proper notice, usually 3 days to pay rent or quit, followed by court proceedings for eviction if the rent remains unpaid. The process is judicial and can take time, particularly if you contest the eviction.
Since your situation involves a delay in payment due to financial disputes, communication with your Airbnb host might provide a temporary solution. You should explain the situation and seek an agreement or extension. If the host agrees, document this in writing. If you can't reach an agreement, prepare for potential legal notices and understand your rights during the eviction process.
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