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I have airbnb guests that are over due a weeks pay and will…

Customer Question
I have airbnb guests...

I have airbnb guests that are over due a weeks pay and will not leave

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Qld

Lawyer's Assistant: Has anything been filed or reported?

Airbnb notified , police notified

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They promised they would pay today for last week but keep telling me rubbish

Submitted: 11 months ago.Category: Australia Law
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Answered in 5 minutes by:
9/9/2017
Solicitor: Leon, Solicitor replied 11 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,918
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

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.

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Solicitor: Leon, Solicitor replied 11 months 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.

Regards
Leon

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Customer reply replied 11 months 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 reply replied 11 months ago
is this correct?
Solicitor: Leon, Solicitor replied 11 months 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.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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