Airbnb Nightmare: What to Do When a Guest Refuses to Leave Your Property

Céline Lambert

proprietaire airbnb locataire refuse de partir recours

A very real nightmare… that can happen to you

You just received a notification: your Airbnb tenant was supposed to check out this morning… but they’re still there. They’re not responding. You get angry. Then you panic. What to do when an occupant refuses to leave your Airbnb rental? Spoiler: you can neither kick them out yourself, nor change the locks. Yes, even if it’s your place.

This scenario, as crazy as it may seem, happens more and more often in France. And if you don’t want to get trapped, it’s better to know your rights, your remedies, and most importantly how to avoid it.

Table of Contents

  • 👻 When a tenant becomes a “ghost”… but still squats
  • ⚖️ Airbnb, law, and reality: what you can (or cannot) do
  • 🔐 Concrete remedies if your tenant refuses to leave
  • 🚨 How to spot and avoid high-risk profiles
  • 📘 Bonus advice from experts + rental contract template to use
  • ❓ And you, how do you secure your Airbnb rentals?

👻 When a tenant becomes a “ghost”… but still squats

The story is true. A couple of Parisian hosts saw their tenant stay more than 2 months after the official end of their reservation. He had changed the locks, put his name on the intercom, and even… signed up for an EDF subscription.

🔎 And no, he was not a squatter, in the legal sense of the term. He had entered legally, with a proper reservation. This is where it gets complicated.

“This phenomenon, still rare, is increasing with precariousness and lack of housing,” explains Me Xavier Demeuzoy, a lawyer specializing in real estate law (source).

⚖️ Airbnb, law, and reality: what you can (or cannot) do

You might be thinking: “It’s simple, I’ll call Airbnb, they’ll handle it!”
Bad news: neither the platform, nor you, have the right to forcibly evict someone.

Here’s what you are not allowed to do:

  • 🚫 Force the door or change the lock
  • 🚫 Cut off water, heating, or electricity
  • 🚫 Threaten or harass the occupant

👉 These actions are illegal and can backfire on you in court.

🔐 Concrete remedies if your tenant refuses to leave

Don’t panic, you’re not powerless. But you will need to be methodical and patient. Here are the steps to follow:

🔁 1. Notify Airbnb

Even if they have no legal power to evict, their support service can suspend the tenant’s account or open a mediation.

📩 2. Send a formal notice in writing

Send a registered letter with acknowledgment of receipt asking them to vacate the premises within 48 hours. This is the first legal step.

👨‍⚖️ 3. Consult a lawyer or a bailiff

Have the occupation without right or title documented. The bailiff can also accompany you in front of the judicial court, the only one who can order the eviction.

🛑 4. Legal action

Expect it to take between 2 to 6 months, depending on the speed of the court. It’s long, but it’s the only legal path.

🚨 How to spot and avoid high-risk profiles

The best defense is anticipation. Here are some good practices to adopt:

Require an ID + pay slip, especially for long stays
✅ Check the reviews and Airbnb profile of the tenant
✅ Refuse any direct extension of stay, without going through Airbnb
✅ Use a seasonal rental contract (even in addition to the booking)

💡 Bonus: you can also install a security camera at the entrance, legally (without filming the inside), to deter some abuses.

📘 Bonus advice from experts + rental contract template to use

👉 Me Demeuzoy advises including in your seasonal contract:

  • The start and end dates of the stay
  • A clause on illegal occupation
  • The daily amount owed in case of exceeding

📝 You can also consult the model proposed by the UNPI (National Union of Property Owners) or by specialized firms (in nofollow).

😱 True story: “He refused to leave… and I couldn’t do anything for 3 months”

Emma, 37, has been renting her secondary residence near Nice on Airbnb for 4 years.

“Everything seemed normal. The tenant had good reviews. Then he asked me to stay for 2 more days. I agreed by text… big mistake.”

Result: three months of illegal occupation, zero rent paid, and over €2,000 in lawyer and court fees. “I will never trust without a clear contract again,” she confides.

❓ And you, how do you secure your Airbnb rentals?

👀 Has this situation ever happened to you? Or maybe to someone you know?
🔁 Share this article with a friend who rents on Airbnb!
🗨️ And tell me in the comments: what measures do you take to protect yourself?