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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44873
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have airbnb guests that are over due a weeks pay and will

Customer Question

I have airbnb guests that are over due a weeks pay and will not leave
JA: What state are you in? It matters because laws vary by location.
Customer: qld
JA: Has anything been filed or reported?
Customer: airbnb notified , police notified
JA: Anything else you want the lawyer to know before I connect you?
Customer: they promised they would pay today for last week but keep telling me rubbish
Submitted: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 1 month ago.

Good Afternoon

You have to look at the terms and conditions of the Airbnb contract you have with them.

You have to report them to Airbnb and also give them a notice to vacate.

The police will not get involved as it is a civil matter.

Once you give them the notice to vacate if the do not leave then you have to get a court order.

This is the process. You should also look at what your contract with Airbnb says about you being compensated in these circumstances from the management of Airbnb

But in Australia you have to sue to get them out.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.


Customer: replied 1 month ago.
I Have reported them to Airbnb , they said because they havent paid for a week that the guests are now trespassing. Police explained Airbnb is like a hotel , if they dont leave they can be evicted.
Customer: replied 1 month ago.
is this correct?
Expert:  Leon replied 1 month ago.

Good Afternoon

They are trespassing but it is not criminal trespass because they were allowed in

It is civil and you have to sue in court, The police will not get involved. It is like a tenant that refuses to pay the rent. It is no different.

You need a court order to evict them.