Commercial Law

What To Do When Your Airbnb Tenant Won’t Leave

Introduction

Dealing with a tenant who refuses to leave your Airbnb property can be a challenging situation. As a property owner, you have rights and legal avenues to address this issue. It is crucial to understand your rights and obligations under Australian law to handle the situation effectively.

Legal Options for Landlords

When faced with a difficult tenant who overstays their welcome, landlords can consider the following legal options:

  • Issuing a Notice to Vacate
  • Applying to the South Australian Civil and Administrative Tribunal (SACAT)
  • Seeking assistance from the police to enforce eviction

Issuing a Notice to Vacate

Under South Australian tenancy laws, landlords can issue a Notice to Vacate to a tenant who has breached the terms of the lease agreement, including overstaying the rental period. The notice must comply with the required format and be served correctly to the tenant.

Applying to SACAT

If the tenant fails to leave after receiving a Notice to Vacate, landlords can apply to SACAT for a hearing to resolve the matter. SACAT will assess the case and make a decision based on the evidence presented by both parties.

Seeking Police Assistance

In cases of extreme refusal to vacate, landlords can seek assistance from the police to enforce the eviction order issued by SACAT. Police can assist in removing the tenant from the property if necessary.

Frequently Asked Questions

No, changing the locks without following the proper legal procedures is illegal and can result in serious consequences for landlords.

The eviction process timeline can vary depending on the circumstances of the case and the legal steps involved.

No, landlords should not take matters into their own hands and attempt to physically remove the tenant. It is important to follow legal procedures to avoid legal repercussions.

Contact Wright Street Lawyers for Legal Assistance

If you are facing difficulties with an Airbnb tenant who refuses to leave, seek legal advice and representation from Wright Street Lawyers. Our experienced team can guide you through the eviction process and protect your rights as a landlord. Contact us today for a consultation.

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