When a Short Term Rental Guest Turns Into a Tenant
What DC Landlords Need to Know
In late 2025, a high-profile case in Washington, D.C. highlighted a legal risk that many property owners may not fully appreciate, how a short-term rental guest can assert full tenant protections under D.C. law and make removal extremely difficult. #1
A homeowner in DC rented her property via Airbnb for a 32-day stay. After that period ended, the guest refused to leave, stopped paying, and ultimately began claiming she had acquired tenant rights simply by virtue of the length of her stay. Effectively living in the home rent-free for months amid ongoing legal disputes. #2
This situation has become a cautionary tale, not just for short-term rental hosts but for any property owner who might inadvertently convert a guest into a tenant under DC law.
Understanding the Risk
When Does a Guest Become a “Tenant” in DC?
Unlike many jurisdictions, Washington, DC treats individuals who occupy a property long enough even without a traditional lease as potential tenants with full legal protections. That means:
Paying for a stay of roughly 30 days or more can be enough for courts to consider someone a “tenant,” even if the original arrangement was through Airbnb or similar platforms.
Once someone is determined to be a tenant, they gain rights under the DC Rental Housing Act, including formal eviction protections and procedural safeguards.
Landlords must then pursue a judicial eviction process, including serving written notices, going to court, and ultimately obtaining an eviction order enforced by the U.S. Marshals Service. #3
This framework is intended to protect renters but can be exploited by individuals seeking to extend occupancy without paying rent.
Relevant DC Codes and Policies (Key Takeaways)
While DC doesn’t have a specific statute that says “Airbnb stays turn into tenancies,” the combination of landlord tenant law and how occupancy is judged makes it possible:
1. DC Rental Housing Act (General Tenant Protections)
Under the Rental Housing Act, once someone is considered a tenant, you cannot simply self-help evict them (e.g., changing locks, shutting off utilities). A landlord must:
Serve a proper written notice.
File an eviction action in DC Superior Court’s Landlord & Tenant Branch.
Proceed through a judicial process and only the court can authorize removal.
2. Tenant Notice & Eviction Requirements
Under DC law:
A landlord can only evict a tenant for specific statutory reasons (like nonpayment of rent or lease violation).
The expiration of a stay is not automatically an evictable cause without a notice and judicial order.
3. Squatters vs. Tenants
It’s important to distinguish between “squatters” in the common sense and adverse possession claims, which require long, continuous, and open occupation (usually 15 years in DC) to succeed. #4
What happened in the Airbnb case was not successful adverse possession, it was a tenant rights claim based on occupancy length and payment exchange.
Practical Tips to Help DC Landlords Avoid Similar Pitfalls
✔ Screen & Shorten Bookings
Require verified IDs and references when possible.
Avoid bookings that approach or exceed the 30-day mark unless you intend a formal lease
Consider capping stays at 29 days or less.
✔ Use Formal Agreements
Don’t rely solely on platform terms (like Airbnb’s).
For stays longer than a few weeks, consider written agreements that clearly state occupancy limits and obligations.
✔ Document Everything
Keep records of payments, communications, and any extensions or agreements.
If someone stays beyond the original period, document the agreement in writing.
✔ Know the Eviction Process Early
Serve a Notice to Vacate as soon as someone overstays.
File eviction actions promptly, delays allow occupants to entrench.
✔ Consult With Experts
Engage attorneys familiar with DC landlord-tenant law early, even before a booking becomes problematic.
Consider joining or partnering with the DC Landlord Association for training and updates on legal changes.
How the DC Landlord Association Can Help
🔹 Education & Workshops:
We can offer seminars on navigating DC landlord-tenant law, including Airbnb/short-term rental risks and how to distinguish guests from tenants.
🔹 Legal Resources:
Access to vetted attorneys and eviction process guides tailored to DC’s unique statutory landscape.
🔹 Advocacy:
Work with policymakers on clarifying the law so that short-term rental hosts and single family homeowners are not unfairly burdened by laws intended for long-term tenants.
🔹 Templates & Tools:
Provide form notices, short term rental agreements, and checklists for screening and documentation.
This case underscores an important reality in Washington, DC, well-meaning tenant protections can sometimes be used in unintended ways. By understanding the law, keeping solid documentation, and acting early and decisively, landlords and hosts can better safeguard their properties and investments.
If you’d like help interpreting the latest DC statutes or want to join the DC Landlord Association’s next legal seminar, contact us today.
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References:
#1 https://wjla.com/news/local/woman-accused-of-squatting-tells-7news-she-will-be-leaving-tenant-rights-squatter-airbnb-short-term-rental-eviction-lawyer/
#2 https://mdbaynews.com/2025/12/06/dc-airbnb-squatter-case-judge-allows-occupant-to-stay/
#3 https://ota.dc.gov/page/guide-eviction/
#4 https://innago.com/district-of-columbia-d-c-squatters-rights/