When an Airbnb Guest Won't Leave: What to Do?

When an Airbnb Guest Won’t Leave: What to Do?

Airbnb host can face frustrating situations. One of which is when a guest refuses to leave your property. It’s not only inconvenient, but it can also have legal implications. It’s important to understand the legal options available to you as a property owner. Especially if you are dealing with a difficult guest. 

In this article, we will discuss what you can do when your Airbnb guest won’t leave. And how to work with property lawyers. They can help you navigate the legal system.

The Australian local government laws might not be very different from many Western legal systems. But you need to know them if you’re not familiar with them.

Understanding Property Law in Australia

Before we delve into what you can do when a guest overstays their welcome, it’s important to have a basic understanding of property law in Australia. Property law refers to the area of law that deals with the ownership, use, and transfer of real property.

This can include land, buildings, and other structures. Property law is governed by both common law principles and legislation.

In Australia, property law is regulated at both the federal and state levels. Each state has its own set of property laws, which can vary slightly from state to state. In general, property law in Australia recognises the legal rights of property owners and tenants, and seeks to strike a balance between these rights.

As a property owner, you have the right to exclude others from your property, as well as the right to use and enjoy your property. However, these rights are not absolute. Tenants also have certain legal rights, including the right to occupy the property for the duration of the lease agreement.

What To Do When Your Airbnb Guest Won’t Leave

When facing a situation where your Airbnb guest refuses to leave your property, it can be stressful and overwhelming. However, there are steps you can take to resolve the situation. 

  • The first step is to reach out to the guest and attempt to resolve the situation in a calm and amicable manner. You should explain the situation and ask them to leave, offer assistance in finding alternative accommodation, and clearly communicate the consequences of not leaving, such as legal action.
  • Next, review your Airbnb contract and check for any clauses that may apply to the situation. Look for any provisions that relate to overstaying guests and check for any provisions relating to cancellation or termination of the agreement. This can give you a better understanding of your rights and the options available to you.
  • If you’re unsure about how to proceed, it’s important to seek legal advice from property lawyers in Sydney. They can provide advice on your legal rights and options for eviction, and assist you in obtaining a court order for eviction if necessary.
  • Working with property lawyers in Sydney can provide you with the support and guidance you need to resolve the situation quickly and effectively. With their help, you can protect your property and ensure that your Airbnb guests comply with the terms of your agreement.

When dealing with a difficult guest, it’s often a good idea to seek legal advice from property lawyers in Sydney. Property lawyers can provide expert advice on the legal options available to you as a property owner, and can assist you in navigating the legal system. Click here to read more about Top Things to Consider when Buying a Business Property.

Chamberlain is a leading law firm in Australia that offers property law services to clients across the country. Our team of experienced property lawyers can help you understand your legal rights and obligations as a property owner, and can provide expert advice on how to resolve difficult situations like these. 

We work closely with property law committees and the Law Society of New South Wales to ensure that we stay up-to-date with the latest developments in property law.

Further Information and Resources

If you’re dealing with a difficult guest, there are many resources available to help you. Here are some places you can find more information:

The Law Society of New South Wales. The Law Society is the professional association for solicitors in New South Wales. They provide a range of resources and information on property law and eviction procedures.

The Supreme Court of New South Wales. The Supreme Court is the highest court in New South Wales. They provide information on court procedures and forms. As well as information on court cases and judgments related to property law.

The Australian Property Law Group. This is an esteemed national body. They serves as a hub for legal experts with an interest in property law. This group provides a range of valuable resources to its members. Including informative articles, relevant case summaries, and discussion forums. These resources allow members to stay up to date with the latest developments in property law. And engage in meaningful conversations with other professionals in the field.

With Australian Property Law Group, legal professionals can access a wealth of information and expertise. Enabling them to better serve their clients. And also navigate complex property law issues with confidence. By joining this body, members gain access to a supportive community of like-minded professionals. Those who share a passion for property law.

The Australian Government’s consumer affairs website. This provides a wealth of information and resources for tenants and property owners. This site is an excellent source of information on a range of topics. Such as tenancy agreements, bond lodgement, and dispute resolution.

It provides detailed guidance on the rights and responsibilities of tenants and landlords.  Helping them to better understand their legal obligations and avoid potential disputes.

Furthermore, the Australian Government’s consumer affairs website provides information on dispute resolution and mediation services. These services can be a useful tool for resolving conflicts between tenants and landlords. Helping them to reach mutually agreeable solutions. Without the need for costly and time-consuming legal proceedings.


In conclusion, dealing with a difficult Airbnb guest can be a frustrating. It can be stressful experience for property owners. However, by seeking legal advice, you can protect your legal rights and resolve the situation. 

If you’re dealing with a difficult guest and need legal advice, contact Chamberlains lawyers. We’ll help you navigate the legal system and protect your property rights.

If you want to know about the law relating to property transactions, we can help you. Including areas such as land ownership and word property. In case you just want to enlighten yourself about the law institute and leasing law. Including the property law committee and Australian taxation office. Chamberlains is the best place to get that. 

The Australian government have rules for binding contract, strata title and community title. It is better you learn them before getting involved. We are experts in this area of legal practice.

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