What do you do when an Airbnb guest, who checked in months ago, refuses to pay and won’t leave? That’s the dilemma facing a couple from the Toronto area, who wish to stay anonymous.
The couple reached out to Speakers Corner after trying everything else to get the guests out of their home.
“We’ve reached out to Airbnb, police, and nobody seems to be able to help us at this point.”
The pair lives in a three-storey townhouse and decided to turn their basement unit into a vacation rental last year.
“We went through Airbnb because it’s such a large company, and we really had success with them when we started.”
Things took a turn when the couple, recognized as “Superhosts” on the platform, got a booking request for a long-term stay of one year this past May.
“I was worried about that booking when it came in,” the woman said. “Before I accepted, I called Airbnb and asked how it works. Does the company collect the full year’s payment upfront? They said ‘no, we collect month-to-month with the payment card on file.’”
However, she mentioned that Airbnb assured her they have specialists available if any payment issues come up.
While the guest paid for the first few months, payments stopped in August. Still, the man, his wife, and their child continue living in the apartment.
“This person has ignored all pressure and messages from Airbnb regarding this payment,” she stated. She also asked him for payment via text messages and face-to-face talks. “He just told me he doesn’t have the money.”
The couple claims this situation has put them in a terrible financial bind.
“We rely on those rental fees to help cover our mortgage and take care of elderly parents living with us. Since this happened, we’ve exhausted all our lines of credit.”
Even more troubling for them is that they don’t know much about these guests sharing their home.
“We know at least his name-the one he gave to Airbnb-but that’s about it. He has also become quite threatening when we ask for payment; now there’s hardly any communication-he just stays here without paying.”
In conversations shared with City News, while Airbnb has kept in touch with them throughout this ordeal, they expressed frustration at how things have been handled.
“We asked if they could assist us financially by covering lawyer fees for eviction or provide some form of reimbursement for lost income but haven’t heard back,” she added.
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Airbnb Vows Support
Speakers Corner contacted Airbnb for comment; they noted that cases like this are very rare. Although they can’t evict guests themselves, a spokesperson indicated they are committed to helping this couple. Days after our inquiry for comment, they received an update from Airbnb. “Our team is continuing to work with them to provide ongoing support so that they receive full payment for this reservation,” said Airbnb representatives. This was welcome news for the couple; however, it doesn’t resolve their issue since guests still occupy their basement unit today. “He just lives here without payments happily while we’re left wondering what we should do next.” The couple called York Regional Police but were told by an officer that since it’s classified as a long-term stay; they’ll need to pursue eviction through the Landlord and Tenant Board (LTB).Lease Agreement Signed Between Hosts and Guest
A previous ruling by LTB determined that Airbnb guests aren’t considered tenants protected under residential tenancy laws; however there’s another twist. The couple also had signed an Ontario rental agreement or lease 15 days after check-in which clearly states all payments would continue through the Airbnb system. The woman thought having a contract would offer extra protection. “I thought about it: oh my God! It’s for one year-it’s over 28 days-it makes sense I sign something with them too.” The couple now questions whether having signed that lease will help or complicate their attempts at eviction further. “I think introducing a residential lease creates somewhat of a unique scenario,” said Teri Landriault, a paralegal specializing in landlord-tenant matters who isn’t involved with this case. “You have both an Airbnb agreement-which came first-and then that lease,” she explained. “It really depends on what was intended by both parties-whether it was meant as temporary lodging or long-term residency-and there are many factors involved.” The couple is scheduled for an LTB hearing in December. “It’ll definitely be interesting,” Landriault remarked. “I haven’t seen any legal precedents set involving such circumstances.” “This whole thing has been nothing short of nightmare,” said the woman. “Even if we’re successful at LTB hearing-there’s still potential they’ll give him additional time before enforcement arrives-who knows how much longer he’ll remain here?” Speakers Corner attempted multiple times reaching out directly contacting the guest but received no response. If you have your own issue or story you’d like us looking into-you can reach out here. A Richmond Hill couple says an Airbnb guest refuses to leave their townhome. Keep it Factual Add City News Calgary as trusted source on Google-to see more local stories from us.Source link
