ABC7 Interviews Daniel Bornstein on Airbnb Guest Overstays
When a Hermosa Beach homeowner found herself unable to remove an Airbnb guest who refused to leave after an extended stay, ABC7 Los Angeles interviewed Daniel Bornstein to explain the legal issues at play.
During the segment, Daniel explained that under California law, an occupant who remains in possession for 30 days may acquire tenancy rights, requiring the property owner to pursue the formal eviction process rather than simply changing the locks or asking law enforcement to intervene. He also noted that similar disputes could become more common as demand for short-term rentals increases.
Daniel's Practical Guidance
During the interview, Daniel offered several recommendations to help short-term rental hosts reduce the likelihood of similar disputes:
- Verify the guest's identity before turning over possession.
- Confirm the guest's planned departure date before the reservation begins.
- Verify return travel arrangements, such as airline tickets leaving California, when appropriate.
- Limit reservations to fewer than 30 days, since occupants who remain in possession for 30 days may acquire tenancy rights under California law.
Bornstein Law Insight
Television interviews necessarily condense complex legal issues into just a few minutes. We've explored this topic in greater detail in our article discussing when an Airbnb guest may acquire tenancy rights, the legal consequences of crossing the 30-day threshold, and practical steps property owners can take to reduce risk before accepting a reservation.
→ Read our in-depth guide: When an Airbnb Guest Becomes a Tenant