Unwelcome Airbnb Guest: A Legal Battle That's Lasted 500 Days

A peculiar saga is unfolding in the hills of Los Angeles, involving a luxurious guest house, an Airbnb guest who has overstayed her welcome, and a homeowner who is desperate to reclaim his property. This saga, which has been dubbed "the case of the tenant from hell", has been ongoing for an astounding 500 days. The guest, identified as Elizabeth Hirschhorn, has not only refused to vacate the premises but is also demanding a hefty $100,000 relocation fee from the homeowner, Sascha Jovanovic.

Elizabeth Hirschhorn had initially rented Sascha Jovanovic’s opulent guest house in Brentwood in September 2021 intending to stay for six months. The nightly rate for the home was $105, which, along with additional fees, brought the total rent to $20,793 as per the court documents. However, Hirschhorn's stay did not end in April 2022 as it should have. Instead, she has continued to reside in the property without paying rent.

The legal complexities surrounding this case are baffling. According to the city’s rent stabilization ordinance, Sascha Jovanovic does not possess any legal ground to evict Hirschhorn under Los Angeles’ recently adopted Just Cause Ordinance. Subsequently, the homeowner would be required to pay her a relocation fee if he wishes to evict her.

Hirschhorn’s lawyers have argued that she should not pay rent as the guest house was never sanctioned for occupancy by the city. Moreover, they claim that its shower was constructed without a permit. As a result, they believe that Hirschhorn should be refunded the $20,793 she paid initially. One of her attorneys, Colin Walshok, told the LA Times that the landlord had violated the law by renting out an illegal bootleg unit.

The homeowner, Jovanovic, has been locked in a battle of wills with Hirschhorn. He labels her as "the tenant from hell" and disagrees with her lawyers, stating that if she is correct, it will set a dangerous precedent that will allow tenants to stay rent-free indefinitely in a property that isn’t permitted.

Court documents reveal that the relationship between Jovanovic and Hirschhorn started on a friendly note. The two were cordial during the initial few months of her stay, sharing small talk and tea whenever their paths crossed. However, the situation turned sour when Hirschhorn complained about malfunctioning electronic blinds and Jovanovic discovered water damage and signs of mold around her sink, which he claims were not present before Hirschhorn moved in.

Jovanovic offered to compensate Hirschhorn for a five-day hotel stay while his contractor repaired the damage. Despite offering her $1,500 towards any hotel of her choice, Hirschhorn declined his offer. She cited her housing disability and the risk of COVID-19 complications as reasons for her refusal to temporarily relocate.

The legal tangle between Jovanovic and Hirschhorn has escalated to multiple lawsuits. Jovanovic is suing Hirschhorn in two separate cases - a damages complaint to recover the $58,000 in unpaid rent and an appeal against the judge’s decision to dismiss the eviction case. Meanwhile, Hirschhorn has filed a countersuit accusing Jovanovic of 15 violations, including negligence, nuisance, intentional infliction of emotional distress, unlawful business practices, and violation of the LA County COVID procedures.

In the midst of the legal turmoil, Hirschhorn continues to live on Jovanovic’s property. The homeowner describes the situation as a “war where no bullets are flying”. He expresses his fear every time he opens the door, worried that he might run into Hirschhorn. The proximity of her door to his daughter's bedroom has further escalated his anxiety, causing him and his family to lose sleep.

The ongoing saga of the Airbnb guest who refuses to leave serves as a cautionary tale for homeowners and tenants alike. It underscores the importance of understanding local laws and ordinances before renting a property and highlights the potential pitfalls of home-sharing platforms like Airbnb. It also underlines the necessity of maintaining clear communication and setting boundaries between homeowners and tenants, thereby preventing such situations from arising.

As the case continues to make its way through the court system, the ordeal for Jovanovic is far from over. The outcome of this legal tussle could set a precedent for similar cases in the future, making it a closely watched case in the real estate and legal sectors. For now, though, the saga of the unending Airbnb guest continues, much to the despair of the beleaguered homeowner.

While this tale is unique in its specifics, it underlines the universal complexities of property rights, tenant laws, and individual liberties. It serves as a reminder that even in the most mundane aspects of life, like renting a home, unexpected challenges can arise, leading to unprecedented situations and legal battles.