Head Hog on The Lick'n Log

The Perils of Airbnb Rentals

A Cautionary Tale for Aspiring Hosts

In a recent article published by the New York Post, a North Carolina single mother, Farzana Rahman, shared her distressing experience with Airbnb guests who have overstayed their welcome and refused to leave her rental property. The article is not only poorly written, it lacks the thorough investigation a legitimate reporter would utilize. Despite the meme-based reporting style, the article serves as a stark reminder for those considering entering the short-term rental business on platforms like Airbnb.

Ms. Rahman's ordeal began when she checked in guests on October 25 with a scheduled check-out date of May 24. However, when her housekeeper arrived at the property, the guests were still present and refused to vacate. Despite promises to leave after a police visit, the guests remained, even going so far as to hang a "No Trespassing" sign on the front door, claiming they were legal residents until proper eviction paperwork was filed.

This situation highlights the importance of understanding the legal distinctions between hotel and tenant laws, especially when offering extended stays. In many jurisdictions, including Florida, guests who stay beyond a certain period may establish tenancy rights, requiring landlords to follow formal eviction procedures to remove them from the property.

Chapter 509 of the Florida Statutes governs lodging, which includes hotels, motels, inns, and other forms of accommodation. The main categories are Transient and Nontransient public lodging establishments.

Transient public lodging establishments are rented to guests more than three times a year for periods less than 30 days or 1 calendar month, whichever is shorter, or advertised as such. These are typically hotels and similar establishments for short-term stays.

Nontransient public lodging establishments are rented to guests for at least 30 days or 1 calendar month, whichever is less, or advertised as such. Extended stay hotels are common examples of nontransient public lodging.

Aspiring Airbnb hosts must educate themselves on the laws and regulations governing short-term rentals in their specific locations. Seeking appropriate legal advice and establishing clear guidelines for guest stays can help mitigate the risk of encountering similar situations.

Furthermore, it is essential to recognize the limitations of relying on Airbnb for assistance in such cases where the landlord put themselves in the “no-win” situation.

While the allure of generating income through short-term rentals can be enticing, particularly for those in challenging financial situations like Ms. Rahman, a single parent trying to put her son through college, it is crucial to approach this venture with caution and preparedness; however, the emotional heart-pull strings won’t cut mustard in a court of law.

Aspiring Airbnb hosts should thoroughly research local regulations, consult with legal professionals, and establish clear policies to protect their properties and income. By taking proactive measures and understanding the potential risks, hosts can minimize the likelihood of finding themselves in distressing situations. Frankly, it’s another in an endless list of “Holiday Inn Express” commercials. “I stayed at the Holiday Inn, so now I’m an expert at…” I miss those commercials which were lost on most.

I’ll leave you with this: “Just because you read and can spell it, doesn’t mean you know enough about it to be the head hog on the lick’n log.”