Facts: Squatters Rights

How we protect your property from a Guest overstaying their welcome

When do short-term renters gain the same rights as typical renters?

When short-term renters gain the same rights as normal renters depends on local law and the  written agreement between you and your renter. For example, a tenant in a standard one-year lease would usually have full rights on day one.  Under California Law a stay of 30 consequitive days, would normally confer tenants rights to the.  Our written agreement state that it is intended as a short-term rental instead of a primary residence and this may or may not work during eviction or enforcement as a short term rental for 30 day plus stays.  The courts tend to reverve the tenants rights for those who are intending to create a residence so we have typically had no issues doing a transient stay type of no court involvement during these types of stays.  No gurantees.  

Acme written contract includes transient terms, and protections and disclosures to cover all of us for tenant laws as well.  We check all the boxes in the attempt to ensure the renter does not end up with tenants rights if we can help it.  If a tenant successfully invokes tenants rights during a stay of 30 days or more, and we need to evict, we may need to go through the full eviction process to remove them.  

Can I lock out sshort-term renters?

Yes, however Rather than just locking the doors, it is a good idea to call the police and ask them to remove the renters if they won't leave on their own. Be prepared to provide proof that this is a short-term rental.

Can I evict short-term renters without going to court?

In most places, you have the same rights to remove a short-term renter as a hotel manager does to remove a guest. You generally do not need to go to court to terminate a short-term rental that is not a tenancy.

Again, you need to be certain of the legal rights involved, both yours and theirs, and consider contacting the police for assistance if the renters refuse to leave when asked.