What can you do when an Airbnb guest, who checked in months ago, refuses to pay and also refuses to check out? That’s what one Richmond Hill Couple, who asked to remain anonymous, is trying to figure out.
The couple reached out to Speakers Corner after exhausting all other options 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 couple, who live in a three-storey townhouse, 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.”
That changed when the couple, labeled as “Superhosts” on the platform, received a booking request for a long-term, one-year stay 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, and then pay us, and they said ‘no, we collect month to month with the payment card on file.’”
But the woman said Airbnb assured her they have specialists on hand if payment issues arise.
While the guest paid for the first few months, payments ended in August but the man, wife and their child, remain living in the apartment.
“This person has ignored all pressure and messages from Airbnb for this payment,” the woman said. She also asked the guest to pay through text and in-person conversations. “He just told me he doesn’t have the money.”
The couple says the issue has left them in a horrible financial situation.
“We depend on those rental fees to help pay for our mortgage and care for elderly parents who live with us, since this has happened we have exhausted all our lines of credit.”
Even more concerning for the couple, they know very little about the guests who are sharing their home.
“We know the man’s name, at least the one he gave to Airbnb but that’s it. He has also becoming quite threatening with us when we ask for payment so there’s now very little communication, he just lives here freely without payment.”
In conversations the couple shared with CityNews, Airbnb has been in contact with them throughout the ordeal but when the couple reached out to Speakers Corner, they were frustrated with Airbnb’s response.
“We asked if they could help us pay for a lawyer to evict these people, or give us some kind of reimbursement for the lost income but we haven’t heard back,” the woman said.
Airbnb promises to help
Speakers Corner reached out to Airbnb for comment and they say cases like this one are extremely rare. While the company cannot evict the guests, a spokesperson says they remain committed to helping this couple. Days after our request for comment, the couple received a response from the company.
“Our team is continuing to work with them to provide ongoing support, including ensuring they receive full payment for this reservation,” Airbnb said.
It was news the couple was happy to receive, however, it doesn’t solve the issue of the guests, who remain in their basement unit today.
“He just lives here without payments happily, and we don’t know what we should do.”
They called York Regional Police but they say an officer told them since it’s a long-term stay, they need to request eviction through the Landlord and Tenant Board (LTB).
Lease agreement also signed between hosts and guest
While, in a previous case before it, the LTB ruled Airbnb guests are not considered tenants, protected under the Residential Tenancies Act, but there’s another twist. The couple also had the guest sign an Ontario rental agreement, or lease, 15 days after they checked in. The lease explicitly states all payments would continue to be made through the Airbnb system. The woman said she thought it would give them added protection.
“I think oh my God, it’s for one year, it’s more than 28 days, it’s better that I sign a contract with the guest too.”
The couple, now wonders if that may help or hurt their attempts to evict the couple.
“I think when you throw in the residential lease, it does create a little bit of a unique situation,” said Teri Landriault, a paralegal who specializes in landlord and tenant issues but is not working with this couple.
“You have both an Airbnb agreement, which came first and that lease,” she said. “I think it really does fall down to the original intention of the tenancy, whether it was to be temporary or residential long-term. And there’s so many differences and so many little factors that can point to that.”
The couple has a hearing in front of the LTB next month.
“It’s going to be an interesting one for sure,” Landriault said. “I haven’t seen any case law with a situation just like this one.”
“This has just been a nightmare,” the woman added. “Even if we are successful at the LTB hearing, they may give him more time to move out before the sheriff comes so who knows how much longer they’ll be here.”
Speakers Corner reached out to the guest, multiple times, but did not hear back.
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