Everyone loves a good Airbnb horror story, and this week brought us a doozy, with news of a San Francisco woman whose guest refused to leave after his initial 30-day stay in her condo. The situation got a whole lot worse when she discovered that, under California law, someone who lives in a place for longer than 30 days effectively becomes a tenant on a month-to-month lease—and to get rid of him, she'd have to go through a formal eviction process.
Terrible, but at least that's just some West Coast legal weirdness, right?
Nope. Dean Roberts, a real estate attorney at Norris McLaughlin & Marcus, tells us that New York State law has similar provisions, and if a guest has been renting in your place for a month or more, you'd need to take them to housing court to evict them. A little city-specific insult to add to injury? "The guest could also level an overcharge complaint at this point if the apartment in question is rent-regulated," says Roberts.
To keep your temporary guest from becoming a permanent fixture, keep the length of the rental under 30 days, and don't do a short-term rental if your apartment is vacant. Tricky, but still way easier than having to drag a house guest to court.
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