In the last month, many news outlets have picked up on a story involving the owner of a Tesla Model S, who has listed the automobile on Airbnb and will allow individuals to spend the night it for $85.00 a night. As attorneys who have dealt with several legal issues involving Airbnb, Homeaway and VRBO the story peeked our interest.
Specifically, Schorr Law’s lead attorney, Zachary Schorr, wrote a popular story for Linkedin.com detailing how to deal with Airbnb occupants who refuse to leave. (That story can be viewed at .) In that story, Mr. Schorr explained that those who lease to an occupant will often have an easier time removing the individual where they classify the occupant as a “lodger” as opposed to a “tenant”. As background, a lodger is not conveyed an interest in the subject property; rather he or she simply obtains a contractual right to occupy part of the premises that remains under the control of the owner. (Stowie v. Fritzie Hotels, Inc. (1955) 44 C2d 416, 421.)
Yet, a lodger is defined as a person contracting with a homeowner for a room within a dwelling unit that is personally occupied by the homeowner. (Civ. C. § 1946.6.) Thus, the Tesla owner is unlikely to be able to classify the occupant as a lodger because the Tesla owner is not personally occupying the Tesla Model S at the same time as the occupant. Therefore, if the occupant refuses to leave, the Tesla owner would likely have to go through formal eviction procedures in order to regain possession of his car. We assume that any Los Angeles resident can understand how inconvenient it would be for the Tesla owner to be deprived access to his car out of the blue. This case also raises some interesting issues with respect to possible mobile home laws.
While the attorneys at Schorr Law, APC primarily handle Los Angeles real estate property disputes, we have also dealt with myriad of other property disputes, including a dispute involving a jet airplane. Further, the attorneys at Schorr Law, APC have experience dealing with issues relating to Airbnb, Homeaway, and VRBO listings. For more information or a free consultation, regarding your property dispute, please contact us at 310-954-1877 or firstname.lastname@example.org