California Airbnb Host Can’t Evict Overstaying Guest Because He Didn’t Register His Home Properly

One Airbnb host in California had to learn the hard way that certain rules and guidelines need to be followed to ensure that everything goes according to plan. Sascha Jovanovic, an LA-based dentist, decided to offer his home to guests through Airbnb. However, he has been dealing with a whirlwind of problems after failing to properly register his guesthouse.

The woman has been occupying Jovanovic’s residence for more than 541 days and refuses to leave the property. To add insult to injury, the woman has also stopped paying rent. Jovanovic has been left feeling frustrated and hopeless as the unwanted guest remains in the home while he’s the one footing the bill.

Despite his best efforts to evict the woman squatting in his home, the Airbnb host has been tied up in a legal battle that he continues to lose. A judge even rules that Jovanovic has “no legal right” to kick the woman out because the house has been deemed “noncompliant.”

The guest opted for a “long-term stay” that was approved by Jovanovic. Little did he know just how long she would remain at his property. Per the pair’s Airbnb contract, Hirschhorn rented the place for six months and paid $105 per night. In total, she agreed to pay Jovanovic $20,793.

The woman declined to remove herself from the guest house and she also refused to stay at Jovanovic’s personal residence while the guest house was under construction. Unsurprisingly, tensions were high between Jovanovic and Hirschhorn.

The month-long extension was meant to give her more time to find alternative living arrangements. However, Jovanovic’s decision to extend the lease past the initial date meant that Airbnb was out of the equation. Since Javanovic had independently extended the lease, he no longer had the support of the company.

They informed her that the property had two code violations including “lack of approval for occupancy and an unpermitted shower.” By this point, Hirschhorn had refused to move out of the guesthouse and still refused to pay for occupying the space.

According to California law, Jovanovic’s guest house was not a legal rental. Thus, the city agreed with Hirschhorn, and Jovanovic was forced to withdraw his eviction notice until he could show that the property was compliant. But even bigger problems were brewing for the homeowner—Hirschhorn would not allow Jovanovic inside his own guest house, making it impossible for him to complete the necessary renovations.

Since she had occupied the property for more than six months, the woman qualified for LA’s “Just Cause Ordinance,” a policy that requires landlords to provide a legal reason for evicting a tenant. If the landlord fails to do so, they must pay the renter a substantial relocation assistance fee.

Left with no other options, Jovanovic tried to sue the woman to recover unpaid damages and to legally evict her. Unfortunately, the judge dismissed Jovanovic’s lawsuit.

“She’s the tenant from hell,” he said. “If she’s right, the theory is that if a landlord has something that isn’t permitted, then you can stay in it rent-free forever.” The attorney also revealed that Hirschhorn has a list of demands she wants fulfilled before agreeing to vacate the property. “The tenant contends that she will not leave without being paid money to leave. We believe there is no basis for this.”

Hirschhorn’s lawyer, Colin Walshok, sees things very differently. According to him, “The landlord broke the law and tried to make money by renting out an illegal bootleg unit.” Walshok insists that Jovanovic is the real villain in this story, claiming, “After he was caught, instead of doing the right thing, he has resorted to bullying, harassment, and the filing of frivolous lawsuits containing elaborate false stories, all in an attempt to cover his tracks.”