Your checkout time was 11 AM. It’s now 3 PM, and your Airbnb guest refuses to leave. Your next guests arrive in two hours. You’ve called, texted, and knocked on the door. The guest either ignores you or says they’re not leaving. Maybe they’re causing property damage. Maybe they’ve brought unauthorized people into your rental. Maybe they’re just refusing to go.
This guide walks you through the legal steps to remove a problematic Airbnb guest in Orlando, explains when you can call police, and shows you how to protect yourself and your rental property. We’ll cover Florida’s laws, your rights as a host, and the fastest legal ways to resolve these situations.
Understanding Your Rights as an Orlando Airbnb Host
Before you can understand how to evict a bad Airbnb guest in Orlando, you need to know your legal position. Florida law treats short-term rental guests differently than traditional tenants, and this distinction is crucial.
In Florida, someone staying less than 30 days is typically considered a transient occupant or guest, not a tenant. This matters because tenants have significant legal protections that require formal eviction proceedings through the courts. Guests staying for short periods generally don’t have these same protections.
The good news: most Airbnb bookings last less than a week. This means most problematic guests are trespassers, not tenants, once they refuse to leave after checkout. This gives you faster legal options than traditional landlord-tenant evictions.
Can I Evict an Airbnb Guest? Legal Considerations
The question “Can I evict an Airbnb guest?” depends on whether they’re legally a guest or a tenant. Let’s break down the key legal considerations for Orlando hosts.
The 30-Day Rule In Florida, the line between guest and tenant typically falls at 30 days. Stays under 30 days are usually considered short-term transient occupancy. The guest doesn’t establish tenant rights. Once their reservation ends and they refuse to leave, they’re trespassing on your property.
Stays of 30 days or more may create a tenancy, especially if the guest receives mail at your address, lists it as their residence, or establishes other indicators of permanent occupancy. True tenants require formal eviction proceedings through Orange County courts.
What’s in Your Rental Agreement Your Airbnb listing terms, house rules, and any rental agreement the guest accepted become crucial. These documents should clearly state that the arrangement is a short-term rental, not a lease. They should specify checkout times, occupancy limits, and prohibited behaviors.
When Eviction Is Required You must go through formal eviction if the guest has tenant status. This means filing paperwork with the Orange County Clerk of Courts, serving proper notice, and potentially going to court. The process takes several weeks minimum. You cannot skip these steps for actual tenants, even if they violated rules or stopped paying.
Many Orlando hosts wonder about information they find when searching “how to evict bad Airbnb guest Orlando Reddit” and similar forums. While these discussions can provide perspective, always verify information with official Florida legal sources or an attorney. Every situation is unique.
What to Do If an Airbnb Guest Refuses to Leave
When an Airbnb guest refuses to leave at checkout, time becomes critical. Here’s what to do immediately when facing this situation in your Orlando rental property.
Step 1: Stay Calm and Document Everything Don’t confront the guest aggressively or make threats. Instead, document everything with photos, screenshots of messages, and written notes with dates and times. Take pictures of the guest’s belongings still in the property, any damage, and anything else relevant.
Save all communication between you and the guest. Screenshot text messages, Airbnb messages, and emails. This documentation becomes essential if you need to involve police or pursue legal action.
Step 2: Contact Airbnb Support Immediately Call Airbnb support right away. Explain that your guest refuses to leave after checkout. Airbnb has protocols for these situations and can sometimes help mediate. They may cancel the reservation, provide documentation supporting your position, or offer other assistance.
Use Airbnb’s Resolution Center to document issues and request reimbursement for any damages. This creates an official record within the platform.
Step 3: Review Your Options If the guest stayed less than 30 days, they’re likely not a tenant. Once their reservation ends, they become a trespasser. This means you have different legal options than if they were a tenant. If they stayed 30 days or more, consult an attorney immediately because you’ll likely need formal eviction proceedings.
Step 4: Contact Local Authorities if Necessary For short-term guests who won’t leave, you can often call the Orlando Police Department for assistance with trespassing. We’ll cover this in detail in the next section.
If you’re dealing with property damage during this crisis, you may need emergency repairs once the guest is removed. Professional property managers can help coordinate these situations, which is why many hosts eventually work with vacation rental management companies to avoid these problems entirely.
Can Police Evict an Airbnb Guest in Florida?
One of the most common questions Orlando hosts ask is “Can police evict an Airbnb guest?” The answer depends on whether the person is truly a guest or has become a tenant.
When Police Can Help If someone stayed less than 30 days and their reservation has ended, they’re trespassing once they refuse to leave. The Orlando Police Department can typically remove trespassers from your property.
When police arrive, you’ll need to show proof that:
- You own or manage the property
- The person’s reservation has ended
- They have no legal right to be there
- You want them removed for trespassing
Bring your rental agreement, checkout confirmation, and any other documentation showing their reservation ended. Police generally won’t get involved in landlord-tenant disputes, but they will remove trespassers.
When Police Cannot Help If the guest has been there 30 days or longer and may have established tenancy, police will typically tell you this is a civil matter requiring court eviction. They won’t forcibly remove someone who might have tenant rights.
Police also won’t get involved in payment disputes or disagreements about house rules. These are contract issues, not criminal matters.
Important Safety Note If a guest becomes threatening, aggressive, or violent, call 911 immediately. Your safety comes first. Police will respond to safety threats regardless of the guest’s legal status. If someone threatens you or damages property in your presence, that’s a criminal matter separate from trespassing or eviction issues.
Step-by-Step Process to Remove a Bad Airbnb Guest in Orlando
Here’s a comprehensive process for handling how to evict a bad Airbnb guest in Orlando when they refuse to leave after their reservation ends:
1. Confirm the Reservation Has Ended Double-check your booking calendar and checkout time. Make sure you’re not mistaken about the checkout date. Verify the guest didn’t extend their stay through Airbnb.
2. Attempt Communication Send a clear message through Airbnb and via text if you have their number. State: “Your reservation ended at [time] on [date]. You need to leave the property immediately.” Keep this communication professional and documented.
3. Contact Airbnb Support Call Airbnb’s host support line and report that a guest is refusing to leave after checkout. Request they cancel the reservation on their end and provide documentation. Ask about the Host Guarantee coverage for any situation-related damages.
4. Determine Legal Status Review how long they’ve stayed. Under 30 days means they’re likely a guest. Over 30 days means you need to treat them as a potential tenant and consult an attorney before taking action.
5. Call Orlando Police for Trespassing (If Under 30 Days) If the guest stayed less than 30 days, call the Orlando Police Department’s non-emergency line. Explain that someone is trespassing in your short-term rental after their reservation ended. Have all documentation ready.
6. Do NOT Use “Self-Help” Eviction Never change the locks while someone’s belongings are inside. Never turn off utilities. Never physically remove the guest or their property. Never threaten or harass them. These actions are illegal in Florida and could result in you facing criminal charges or civil lawsuits.
7. Consult an Attorney If Needed If police won’t remove the guest because of potential tenant status, if the situation escalates, or if you’re facing significant financial losses, consult a Florida attorney who handles landlord-tenant matters. They can advise on your specific situation and help you take proper legal action.
8. Pursue Formal Eviction If Necessary If the guest has tenant status, you’ll need to file for eviction through Orange County courts. This requires proper notice, court filings, and following Florida’s eviction procedures. An attorney can help ensure you follow all requirements.
Documenting Bad Guest Behavior and Violations
Proper documentation is your best protection when dealing with a bad Airbnb guest. Here’s what you need to document and how.
What to Document:
- All messages between you and the guest (Airbnb messages, texts, emails)
- Photos of any property damage with timestamps
- Videos of any concerning behavior (without invading privacy)
- Screenshots of house rules the guest agreed to
- Records of noise complaints or neighbor issues
- Police reports if you called authorities
- Airbnb support case numbers and communications
- Financial losses (cancelled bookings, repair costs)
How to Document Properly: Take clear photos and videos with timestamps. Create a written timeline of events with specific dates and times. Save everything to cloud storage so you don’t lose it. Don’t delete anything, even if it seems minor.
This documentation helps if you need to involve police, file insurance claims, pursue legal action, or report the guest to Airbnb. It also protects you if the guest makes false claims about how you handled the situation.
Many property managers use professional documentation systems that track all guest communications and property conditions. If you’re managing your rental yourself, create a simple system to log everything.
How to Report a Bad Guest on Airbnb
Reporting bad guests helps protect other hosts in the Orlando Airbnb community. Here’s how to properly report guest behavior to Airbnb.
During the Stay: Contact Airbnb support immediately if a guest violates house rules, causes damage, refuses to leave, or creates safety concerns. Use the “Contact Us” button in your Airbnb app or call the support line. Document your report and get a case number.
Using the Resolution Center: File claims through Airbnb’s Resolution Center for property damage or extra cleaning costs. Submit detailed photos, repair estimates, and receipts. Do this within 14 days of checkout or before the next guest checks in.
Leave an Honest Review: After the situation is resolved, leave an honest guest review. Other hosts need to know about problematic guests. Stick to facts without exaggeration or personal attacks. You can mention that the guest refused to leave at checkout, violated house rules, or caused damage.
Report Violations: If the guest violated Airbnb’s community standards or terms of service, report them specifically for those violations. Airbnb can suspend or ban guests who repeatedly cause problems.
Your review and reports help the entire Airbnb community. Many bad guests move from property to property causing similar problems. Your honest feedback protects other Orlando hosts.
Preventing Future Problems with Guest Screening
The best way to handle bad guests is to prevent them from booking in the first place. Here’s how to screen guests and reduce your risk of future problems.
Use Airbnb’s Verification Tools: Require verified IDs for all guests. Check guest profiles before accepting reservations. Look for guests with positive reviews from other hosts. Be cautious about brand-new accounts with no history.
Set Clear House Rules: Your listing should have detailed house rules covering occupancy limits, quiet hours, no parties, no smoking, and checkout procedures. Make these rules clear in your listing and in your welcome message.
Communicate Before Arrival: Send a detailed message before guests check in. Remind them of house rules, checkout time, and contact information. This sets expectations and shows you’re an engaged host.
Consider Requiring Security Deposits: Airbnb allows hosts to require security deposits. This doesn’t prevent all problems, but it adds a layer of protection and makes guests think twice about rule violations.
Trust Your Instincts: If something feels off about a booking request, you can decline it. Look for red flags like vague explanations about the stay, reluctance to provide information, or concerning communication.
Many Orlando hosts eventually hire professional Airbnb property managers who handle guest screening, communication, and problem resolution. Companies like We Manage Your Property specialize in protecting Orlando vacation rental owners from difficult situations while maximizing rental income.
Conclusion:
Knowing how to evict a bad Airbnb guest in Orlando protects your investment and reduces stress. The key steps are: document everything, contact Airbnb support immediately, understand the difference between guests and tenants, call police for trespassing if appropriate, and never attempt illegal “self-help” eviction methods.
Florida law generally favors property owners when short-term guests refuse to leave, but you must follow proper procedures. Mistakes can lead to legal problems that cost far more than the original issue.
Prevention is always better than dealing with evictions. Strong guest screening, clear house rules, and professional property management dramatically reduce your risk of hosting problematic guests.
If you’re tired of worrying about potential guest problems, We Manage Your Property offers comprehensive Airbnb property management in Orlando. We handle guest screening, communications, and any issues that arise—including the legal steps to remove problem guests. Contact us today to learn how we can protect your rental investment while maximizing your income without the stress.
Frequently Asked Questions
Can I evict an Airbnb guest in Orlando?
If your guest stayed under 30 days, they’re typically not a tenant and you don’t need formal eviction. Once their reservation ends, they’re trespassing. Call Orlando police for trespassing assistance. If they stayed 30+ days and may have tenant status, you need to pursue formal eviction through Orange County courts. Never use illegal “self-help” methods like changing locks. Always follow Florida’s legal procedures.
What to do if an Airbnb guest refuses to leave?
First, stay calm and document everything with photos and messages. Contact Airbnb support immediately and report the situation. Verify the reservation has ended. If the guest stayed under 30 days, call Orlando police non-emergency line to report trespassing. Show police your rental agreement and proof the reservation ended. Never physically confront the guest or touch their belongings. Let authorities handle removal.
Can police evict an Airbnb guest in Florida?
Police can remove trespassers, not tenants. If your guest stayed under 30 days and their reservation ended, they’re trespassing. Orlando police can typically help remove them. Have documentation ready showing you own the property and the reservation ended. If the guest has tenant status (30+ days), police will say it’s a civil matter requiring court eviction.
How do I report a bad guest on Airbnb?
Contact Airbnb support during the issue and get a case number. Use the Resolution Center to file claims for damage within 14 days. After resolution, leave an honest review stating facts without personal attacks. Report specific violations of Airbnb’s community standards. Your report and review protect other Orlando hosts from the same problem guest and help Airbnb take action against repeat offenders.
What’s the quickest way to get someone out of your house?
For short-term Airbnb guests (under 30 days) who won’t leave after checkout, calling Orlando police to report trespassing is usually fastest. Have documentation proving their reservation ended. Police can typically remove trespassers within hours. Never try to physically remove guests yourself or change locks while their belongings are inside—these illegal actions could result in you facing criminal charges or lawsuits from the guest.
What’s the difference between a guest and a tenant in Florida?
In Florida, stays under 30 days are typically considered transient occupancy (guest status). These people don’t have tenant rights and become trespassers when they refuse to leave. Stays of 30+ days may establish tenancy, especially with additional factors like receiving mail there. Tenants have significant legal protections and require formal court eviction proceedings that take weeks or months. This distinction is crucial for your legal options.
Can I change the locks if an Airbnb guest won’t leave?
No, you cannot change locks while someone’s belongings are inside your property in Florida. This is called “self-help eviction” and it’s illegal. Even if the guest is trespassing, changing locks could result in criminal charges against you or a lawsuit. You must follow legal procedures: call police for trespassing (if under 30 days) or file for formal eviction (if tenant status). Let authorities handle physical removal.
How do I prevent bad guests on my Orlando Airbnb?
Require verified IDs for all bookings. Review guest profiles and read their previous reviews before accepting. Set detailed house rules in your listing. Communicate expectations clearly before check-in. Consider requiring security deposits. Trust your instincts and decline suspicious booking requests. Many Orlando hosts work with professional property managers who have established screening processes and handle all guest interactions, preventing most problems before they start.
