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In most states and localities in the United States, guests who stay in a home or apartment for one month or longer—the exact number of days depends on jurisdiction—may establish rights as a tenant. Generally, this means that local tenancy laws could protect them, and you may not be able to remove them from your property without proceeding through required eviction processes in court.
For example, in California, Illinois, and New York, a residential tenancy may be created after 30 consecutive days of occupancy. Someone who stays with you for fewer than 30 days generally does not have the rights of a tenant unless there is a written agreement to the contrary, but every state is different.
Local laws may differ from state laws regarding residential tenancies. We encourage you to review your local rules and regulations before accepting a long-term reservation.
Guests who refuse to leave—and how Airbnb can help
These situations are incredibly rare, but if they happen, we'll work with you to try and help resolve the problem with your guest. Should you face such a situation, let our 24/7 support team know as soon as possible and we'll get in touch with you.
Asking guests to sign a rental agreement
If you rent your home or apartment for monthly stays, consider whether you want guests to sign a rental agreement. If so, you should make these requirements clear in your House Rules before finalizing a booking. Laws governing these subjects vary widely depending on where you live, so be sure to contact a landlord-tenant attorney familiar with your local laws and regulations.
Local rent control laws
Rent control is a special set of laws that includes limits on rent increases and eviction restrictions. Some local rent control laws may override state law, and while many states or local jurisdictions do not have rent control, other laws may still protect tenants. For these reasons, we recommend you contact your local Rent board, Department of Consumer Affairs, Attorney General, or other agencies to learn more about rent control and rent stabilization and how these rules might impact a long-term reservation.
Evicting guests that overstay a long-term reservation
Statutes exist in nearly all jurisdictions that permit landlords to use summary proceedings to evict tenants. A summary proceeding is a judicial proceeding that lets a landlord regain possession of leased property in an expedited fashion. You should contact a landlord-tenant attorney or your local county courts to learn more about eviction laws where you live, as they may affect your ability to evict a guest who overstays a long-term reservation.