Squatter Prevention for Vacation Rentals: State-by-State Guide

Your guest's checkout was yesterday. They're still there. They say they have rights. In Florida, they might — after just 7 days. In most states, 30 days turns your guest into your tenant, and your checkout request into a formal eviction. This guide gives you every state's threshold, the warning signs you're missing, and the one thing that separates hosts who prevent squatters from hosts who hire eviction lawyers.

By Ewange Musonge, Founder, lilo|

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Do This in the Next 24 Hours

  1. 1Do NOT change the locks — this is illegal self-help eviction in most states and makes YOU liable, even if the guest has no lease.
  2. 2Do NOT shut off utilities — also illegal in most jurisdictions. Courts will penalize you, not the squatter.
  3. 3Document everything right now: original booking terms, payment records, every message, every interaction.
  4. 4Contact a landlord-tenant attorney in your state immediately — not a general attorney, not a friend who's a lawyer.
  5. 5Check your state's specific threshold: FL=7 days, CT=28 days, most states=30 days. If they've crossed it, you need legal counsel today.

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How It Works

1

Know Your State's Number

Florida: 7 days. Connecticut: 28 days. Most states: 30 days. This is the number of days after which a guest can potentially claim tenant rights in your state. If you don't know this number for every property you own, you're operating blind.

2

Structure Your Booking Agreement Before Day One

Your booking agreement must explicitly state: this is a short-term rental, not a lease or tenancy. Include a specific check-out date, a statement that the guest is a transient occupant, and language that the booking creates no landlord-tenant relationship. This doesn't guarantee protection — but without it, you have nothing.

3

Monitor Stay Duration Like Your Business Depends on It

Because it does. Set alerts for day 25, day 28, and day 30 — or much earlier for Florida (day 5). Do not rely on the guest to leave on time. Have a documented checkout process with timestamps that prove when the stay was supposed to end.

4

Act on Warning Signs Immediately

A guest requesting an extension is information. A guest receiving mail at your property is a red flag. A guest who mentions tenant rights is an emergency. The difference between prevention and eviction is measured in days, not weeks. By the time you're sure there's a problem, you may already be past the threshold.

Real Hosts, Real Problems

Guest won't leave, says they have rights. 30 days turned into a legal nightmare.

— Vacation rental host, online community

Now I need to evict my own guest.

— Vacation rental host, online community

This is the second time the cops have come out because of this couple on the larger side.

— Vacation rental host, online community

The Moment Your Guest Becomes Your Tenant

It doesn't require a lease. It doesn't require an agreement. In most US states, a guest becomes a tenant — with full eviction protections — based on how long they've stayed. Courts look at length of occupancy, whether they received mail at the address, and whether they treated the property as their primary residence. Once classified as a tenant, you can't ask them to leave. You can't change the locks. You can't shut off the water. You file paperwork with the court and wait weeks to months while they live in your property, damage it, or both. That's the legal reality in all 50 states.

State-by-State Thresholds: The Numbers That Matter

Florida: 7 days — the shortest in the US. A standard week-long vacation booking already brushes this line. If your guest stays one extra night in Florida, you may need a lawyer. Connecticut: 28 days. California, New York, Texas, and most states: 30 days. These are the days after which a court may grant your guest tenant status. Some states go further — receiving mail, registering to vote, or setting up utility accounts in their name can accelerate the timeline. Every host with a property in Florida needs to understand: your 7-night booking is already at the edge. There is no margin for error.

Warning Signs Most Hosts Miss

Individually, these are innocent. Together, they're a countdown: Requests to extend the stay, especially as they approach the threshold. Amazon packages or mail arriving at your address in their name. Changes to the property — new furniture, personal items in every room, their own locks. Refusal to confirm a checkout date. Casual mention of tenant rights or local housing laws. A local address on their booking profile — why is someone local renting your property? The hosts who catch squatters early aren't more suspicious. They're more attentive. They have systems that flag when a stay crosses day 25, day 28, day 30 — automatically, before the threshold arrives.

The Math That Should Terrify You

Prevention: a few minutes of booking agreement setup + automatic stay monitoring. Total cost: near zero. Eviction: $5,000-$20,000 in legal fees. Weeks to months of court proceedings. Zero rental income during the entire process. Potential property damage with no recourse until they're out. For hosts in Florida, a single missed checkout on a 7-day booking can trigger this entire chain. For hosts in 30-day-threshold states, one casual extension approval — "sure, stay a few extra days" — can push you past the line. The hosts who sleep through the night know their threshold, monitor every stay, and act on warning signs immediately. Not after they're sure. Immediately.

If It's Already Too Late

If a guest has crossed your state's threshold and refuses to leave, your options are narrow but real: (1) Do NOT attempt self-help eviction — changing locks, shutting off utilities, or removing belongings is illegal in most states. Courts will penalize you, even though the guest is the one overstaying. (2) Contact a landlord-tenant attorney in your specific state today. Not tomorrow. Not after the weekend. Today. (3) Gather every document: original booking agreement, payment records, all communication, any evidence of when the guest started treating the property as their home. (4) Begin formal eviction proceedings through the courts. (5) Document every interaction from this point forward — calmly, professionally, with timestamps. Everything becomes potential evidence.

Frequently Asked Questions

How many days can a guest stay before claiming tenant rights?

It depends on your state. Florida: 7 days — the shortest in the US. Connecticut: 28 days. Most states: 30 days. These thresholds determine when a court may consider your guest a tenant. After that point, you need formal eviction proceedings to remove them from your own property. There is no shortcut.

Can I change the locks if an Airbnb guest won't leave?

No. Changing locks, shutting off utilities, or removing a guest's belongings is illegal self-help eviction in most jurisdictions — even if the guest has no lease, even if they're past their checkout date, even if they're damaging your property. Courts can penalize you and may require you to let the guest back in. The only legal path is formal eviction through the courts.

Does a vacation rental booking count as a lease?

Not automatically. But courts look at the totality of circumstances: how long the guest has stayed, whether they received mail, whether they treated the property as a primary residence. A properly structured booking agreement that explicitly states the short-term rental relationship helps — but once the threshold is crossed, the agreement alone may not protect you. Duration matters more than paperwork.

What is the squatter threshold in Florida for vacation rentals?

Seven days. The shortest in the US. A standard 7-night vacation booking in Florida already touches this threshold. If your guest stays even one extra night, they may be able to claim tenancy protections. This makes Florida the highest-risk state for vacation rental hosts — and the state where monitoring stay duration is most critical.

How can I prevent a guest from becoming a squatter?

Know your state's threshold — that's non-negotiable. Structure booking agreements with explicit short-term rental language. Monitor stay duration with automatic alerts — lilo sends alerts at day 25, 28, and 30 (or day 5 for Florida). Act on warning signs immediately: mail delivery, extension requests, local-address bookings. The difference between a $0 prevention and a $20,000 eviction is measured in days.

Do you know exactly how many days your current guests have been there?

lilo tracks every active stay against your state's specific squatter threshold and sends automatic alerts at day 25, 28, and 30. For Florida properties: day 5. You act before the threshold. Not after.

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