Skip to Content

California Homeowner Faces Costly Legal Battle After Airbnb Guest Refuses to Leave

California Homeowner Faces Costly Legal Battle After Airbnb Guest Refuses to Leave

When people decide to rent out a property through Airbnb, they tend to think that they will be able to use the company’s services to generate a bit of money while also benefiting from the protections of the larger corporation. However, ABC News affiliate 7 Eyewitness News reports that a woman in Hermosa Beach, California is now locked in a legal battle with a guest who refused to leave after their reservation was over.

What’s worse is that a loophole in a local law may have given the guest more legal protection than homeowner, Wendy Weissman, which she says has forced her to follow the eviction process. She also claims that Airbnb has refused to help her at all with the unwanted houseguest, leaving her to fight this battle all on her own.

Now, she’s saying the renter may be destroying the property while he’s squatting there, potentially costing her even more than just missed rental dues. 

Weissman is now calling on Airbnb to offer more assistance so that something like this doesn’t happen to other hosts in the future. 

The Renter Claimed His Credit Card Was Stolen and He Couldn’t Leave Until It Was Replaced

What should’ve been an easy payday for Weissman turned into a nightmare when she says Evhan Lemarck of France booked her rental property for 48 days. According to 7 Eyewitness News, everything was fine until day 49 when Lemarck stopped paying for the property and refused to leave.

Unfortunately for Weissman, the Hermosa Beach property is subject to a short-term rental restriction, which means she is only permitted to rent the property for 30 days or longer. However, California Law says that a stay that lasts this long grants a renter tenancy rights, which means Weissman is forced to follow the civil litigation process. 

That’s something that real estate attorney Daniel Bornstein told the publication can take up to six months. Weissman says that missing out on six month’s worth of rental fees could cost her more than $70,000 in income alone. “This is going to devastate me if he ends up staying for any length of time,” Weissman explained.

For its part, Weissman says Airbnb basically washed its hands of the situation, telling her to contact local law enforcement for help.

A Flood May Have Saved Weissman’s Rental

Ironically enough, Weissman was contacted by a neighbor during the dispute, who informed her that water had been pouring out of one of the townhome’s windows. Because there was an emergency at the property, Weissman was finally legally allowed to enter, which is when she discovered the extent of the damage that had been done to her home.

Fortunately, it sounds like Lemarck had also taken the flood as an opportunity to make his escape, and he loaded his things into a U-Haul and drove off.

Unfortunately, the internet is full of horror stories about rental agreements gone awry, including the man in Hudson Valley who was left picking up the pieces after his historic mansion was left in ruins when a renter hosted 1,000 people for a chaotic pool party. These incidents highlight the importance of doing your research before signing a contract for a short-term rental, no matter which side of the dotted line you fall on. That may mean opting to go through a reputable third-party rental company, or even visiting the property ahead of time to confirm that its appearance matches the description online. 

At least this story had a happy ending for Weissman, but it sounds like not many other people get as lucky.

Author