Can Police Really Evict An Airbnb Guest?

The guest's legal status hinges on stay length and local codes, not on the platform's label. A short‑term visitor - typically under 30 days - remains a 'guest' under most state statutes; the host may involve police only for criminal behavior or a breach of peace. Once the occupancy crosses the jurisdiction's residential‑tenancy threshold, the guest reclassifies as a 'tenant,' and eviction becomes a civil matter that requires a court order, not a police call.

For example, a 10‑day visitor who throws a party may trigger a non‑emergency police response for noise, but the officer will not remove the person on a civil eviction request. In a city that defines a tenancy after 14 days, a 20‑day stay forces the host to file an eviction action in housing court; police may only intervene if the tenant commits a crime.

An undocumented traveler who overstays the agreed dates also shifts to tenant status, obligating the host to pursue the same civil route. The next section shows how municipalities encode these thresholds into hidden rental laws.

Finding the city's hidden rental rules means digging into the municipality's short‑term rental ordinance and any associated permit requirement or notice period. Start with the official website - most cities post a PDF or searchable database that spells out who qualifies as a 'guest' versus a 'tenant,' the maximum stay length (often 30 days), and penalties for non‑compliance.

Cross‑check whether the ordinance demands a registration number before listing a property; missing that number can trigger a civil complaint rather than a police action. (A quick look at example city's short‑term rental ordinance shows the exact steps.)

Once the local definitions are clear, understand that police may only act after a court order is issued; they cannot initiate an eviction based solely on the ordinance.

If the stay exceeds the stipulated limit, the host must file an eviction lawsuit in landlord‑tenant court, serve the proper notice, and then request law‑enforcement assistance to enforce the judgment. This process follows the status assessment we covered above and sets the stage for the 'call police immediately' step later in the guide.

• When a guest exceeds the local short‑term limit - often 30 days - the stay may be re‑characterized as a tenancy.
• When payment switches from nightly rates to a recurring weekly or monthly amount, the arrangement typically resembles a lease.
• When the guest assumes responsibility for utilities, internet, or cable at the property, many cities treat the occupant as a tenant.
• When personal items - furniture, clothing, a stocked kitchen - remain for an extended period, the guest's status may convert to tenant.
• When the occupant uses the address for mail, driver's license, or other official documents, the law often views this as tenancy.
• When a written agreement includes terms like 'rent,' 'lease term,' or 'security deposit,' the guest generally becomes a tenant.

Police may arrive, ask the guest for identification, and ask what's happening, but they rarely pull the door open on the spot. Expect a brief assessment, a written incident report, and a recommendation to pursue civil eviction if the situation escalates; they generally lack authority to force an immediate removal without a court order (as we noted after evaluating legal status).

• Request ID, note reservation details, and confirm whether the stay exceeds local short‑term limits.
• Log the disturbance as possible trespass or disorderly conduct, issuing a citation if warranted.
• Advise the host to file a civil claim or obtain a restraining order before any forced exit.
• Remain on scene only until a supervisor or a warrant arrives, then step back.
• Follow up with the police report number when contacting a lawyer or court (setting up the next section on why police might refuse your eviction request).

Police may refuse your eviction request because the situation usually falls outside their criminal‑law remit. As we covered in 'assess your guest's legal status first' and 'navigate your city's hidden rental laws,' removing a short‑term guest typically requires a civil process, not a police tow.

• Officers lack authority to enforce a civil eviction; only a court order compels removal.
• A guest with a valid reservation isn't trespassing, so police have no criminal cause.
• Many jurisdictions mandate a written judgment before law enforcement can intervene, regardless of the host's complaints.
• Without clear proof of ownership or a signed rental agreement, police cannot verify the host's right to demand exit.
• Police prioritize public safety; property disputes without criminal conduct are low priority.
• When a stay passes the 30‑day threshold, the guest often becomes a tenant, shifting the case to housing court.
• A valid police response usually requires evidence of illegal activity, not merely a breach of rental terms.

In short, police often turn down eviction pleas because eviction is a civil matter that demands court involvement and proper documentation, not a police‑only solution. (For a concrete example, see NYC's eviction procedure guide.)

• File an unlawful detainer (or 'forcible entry and detainer') in the local eviction court; many jurisdictions treat a guest staying past the 7‑14‑day window in New York or the 30‑day window in California as a tenant, so verify the local threshold first (as we covered above).
• Request a writ of restitution once the court grants possession; the sheriff's office may then enforce the order even if initial police response was absent.
• Engage a licensed process server to deliver the eviction notice; a documented service record strengthens any subsequent court filing.
• Report the illegal occupancy to the city's code‑enforcement or housing department; an official violation can pressure property owners and create a public‑record trail.
• Preserve every communication, payment record, and photo evidence; solid proof supports both the court action and any small‑claims recovery for unpaid rent if the guest is re‑classified as a tenant.

Self‑eviction is possible by following five concrete actions, no badge required.

1. Verify the guest's legal label - As we covered in the status section, a short‑term stay that hasn't crossed the city's tenancy threshold (often 30 days) remains a licensee. If the guest is still a licensee, a 24‑hour notice usually satisfies the law; tenant‑level notice periods can stretch from 3 to 30 days depending on local statutes.
2. Serve a proper notice - Draft a clear 'vacate the premises' letter that matches the exact notice window - typically 24 hours for licensees. Deliver it in person and obtain a signed receipt, or use certified mail with return receipt. This creates an indisputable paper trail and respects the jurisdiction's timing rules.
3. Initiate the unlawful detainer in the right court - File the complaint with the civil or housing court that handles landlord‑tenant disputes; small‑claims courts generally lack authority for writs of possession. Nolo's guide to filing unlawful detainer actions outlines the necessary forms and filing fees.
4. Secure a writ of possession - Once the judge signs, the writ authorizes a sheriff, constable, or other designated officer to enforce the order. Police may assist in some jurisdictions, but the removal itself does not depend on their presence.
5. Execute the physical move‑out - Coordinate with the sheriff's office to schedule the lock change and guest removal. Document the handover with photos and timestamps, then reset passwords and inventory the property. This final step closes the loop without ever dialing 911.

Following these steps lets hosts reclaim their space efficiently, sidestepping the uncertainty of police involvement.

Screening out squatters begins by hardening the reservation gate before any booking is accepted. As we covered above, a guest's legal status only shifts after a stay meets local tenant criteria, so preventing dubious reservations protects both the property and the host.

• Require government‑issued ID and let Airbnb's built‑in verification confirm it Airbnb's verification process.
• Enable Instant Book only for guests who satisfy a minimum‑review threshold (e.g., three positive reviews).
• Set a short‑term minimum stay that aligns with the jurisdiction's tenant‑status rules - most cities trigger tenant considerations after 30 days, but some do so sooner or based on lease‑like language.
• Use Airbnb's security‑deposit feature rather than collecting separate cash or card holds; external deposits may breach platform terms.
• Specify acceptable payment methods within Airbnb's rules; refusing prepaid cards or crypto could violate nondiscrimination policies and offers no legal shield.
• Program automatic messages reminding guests of house rules, occupancy limits, and local short‑term‑rental permits before they confirm.
• Cross‑check the reservation address against local permit databases when available; a mismatch often signals a potential squat.
• Require a short, written acknowledgment that the stay is a short‑term rental, not a lease, to reinforce guest intent.

I tried to have the police haul out a noisy Airbnb guest after the stay turned sour, but the officers left within minutes, explaining they could not act without a court‑issued eviction order. The whole episode proves that a landlord's informal request never compels police removal.

When I called 911, the dispatcher sent patrol officers who asked for any paperwork showing a formal judgment. Lacking a housing‑court decree, they cited the city's policy that police 'may only enforce a writ of possession' and declined to intervene (see NYC eviction order guidelines). I then filed a civil‑court action, waited for a judgment, and finally received a writ that the sheriff's office could execute.

The mishap taught me to treat a reluctant guest as a potential tenant before calling law enforcement, a point that becomes crucial when the next guest pretends to own the property (covered later).

Claimed ownership never beats paperwork; verify, then let the law do the rest.

First, ask for a deed, lease, or utility bill before letting the guest settle in. A quick call to the host's listed phone number or a screenshot of the Airbnb listing usually exposes a fake. If the document looks off, contact Airbnb support and flag the reservation as fraudulent. Most platforms suspend the account within minutes, preventing the guest from moving furniture or changing locks. This front‑line check aligns with the 'guest status' assessment we covered earlier and stops the problem before it hits the city's rental rules.

Second, if the guest insists they own the property, document every claim and inform local law enforcement that you have a legitimate reservation but the occupant is presenting false ownership. File a written report, attach the Airbnb confirmation, and request a police record of the claim. Depending on jurisdiction, police may issue a warning or open an investigation; they rarely perform an immediate eviction without a court order.

With the report in hand, pursue a small‑claims suit or seek a bailiff's notice to reclaim possession, which dovetails into the self‑eviction steps outlined later. (See Airbnb's policy on fraudulent hosts for detailed procedures.)