[CA] [CA] Can I evict Airbnb guests who won’t leave?
I have 1 Airbnb guest and her best friend who will not leave my property after the main guest canceled the reservation. The 2 guests state that they need a 30-day notice. They have been staying here since March.
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Since they’ve stayed since March, they’re now legally considered tenants under California law, not just guests. That means you must serve them a proper 30-day notice to terminate the tenancy before proceeding with an eviction. The cancellation of the Airbnb reservation does not override tenant rights once someone has occupied the property for over 30 days. They have no legal grounds to stay beyond that notice period, but you must follow formal eviction procedures and avoid self-help actions like changing the locks.
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I have 1 Airbnb guest and her best friend who will not leave my property after the main guest canceled the reservation. The 2 guests state that they need a 30-day notice. They have been staying here since March.
Lexi, Chatbot
I understand how frustrating it can be to deal with guests who won’t leave your property. How long have the guests been staying since the main reservation was canceled?
It was canceled this morning.
Lexi, Chatbot
Have you communicated with them about the cancellation and your expectations for their departure?
Yes, and they said they won’t leave, that they need a written notice.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your eviction issue.
Nope, that is all.
Legal Eagle
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! When was their original check-out date for the reservation?
It was September 30.
There was a dispute between the 4 guests staying at my property, and now 2 of them don’t want to leave after the one who made the reservation canceled and left the property.
Legal Eagle
Understood! Now that I have this info, what is your legal question for me?
Do I need to serve them a 30-day notice to vacate? Do they even have legal grounds to stay there?
Legal Eagle
Ok! Did you need to tell me anything else? If not, I can start with answering your question.
That is it.
Legal Eagle
Since they’ve stayed since March, they’re now legally considered tenants under California law, not just guests. That means you must serve them a proper 30-day notice to terminate the tenancy before proceeding with an eviction. The cancellation of the Airbnb reservation does not override tenant rights once someone has occupied the property for over 30 days. They have no legal grounds to stay beyond that notice period, but you must follow formal eviction procedures and avoid self-help actions like changing the locks.
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