Rekubit Exchange:'Tenant from hell'? Airbnb owner says guest hasn't left property or paid in 18 months

A "tenant from hell" who was supposed to stay at a long-term Airbnb in Southern California for six months hasn't left for a year and Rekubit Exchangea half and isn't paying a dime to stay there, according to a report by The Los Angeles Times.

The homeowner, Sascha Jovanovic, rented out the accessory dwelling unit (ADU) at his Los Angeles home to Elizabeth Hirschhorn in September 2021. She was supposed to leave in March 2022, but never did.

Now, Hirschhorn has been living there rent-free ever since, and she refused to budge unless Jovanovic paid her a relocation fee of $100,000, according to court papers reviewed by The Times.

Hirschhorn's attorney said the city had never approved the unit for occupancy, and that its shower was constructed without a permit. Therefore, she's not required to pay rent, he said.

Sebastian Rucci, Jovanovic's attorney, told the Times that doesn't make any sense.

“She’s the tenant from hell,” Rucci said. “If she’s right, the theory is that if a landlord has something that isn’t permitted, then you can stay in it rent-free forever.”

When did the trouble begin between Jovanovic and Hirschhorn?

Jovanovic had been renting the guesthouse, located on his property, as an Airbnb since 2019.

The problems began for Jovanovic when he rented out his accessory dwelling unit in Los Angeles' Brentwood neighborhood to Hirschhorn. She had initially rented out the Airbnb in September 2021 as a long-term stay, and was meant to leave in March 2022. Her stay was was extended to a month later in April, according to the The Times, but did not move out when her stay was scheduled to end.

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Since the stay began, both the host and guest have sued each other

Jovanovic and Hirschhorn have sued each other, and the LA Times said in a settlement offer Hirschhorn has refused to move unless Jovanovic pays her a relocation fee of $100,000.

Airbnb has since deleted Hirschhorn's account. It told the LA Times because the stay was extended outside the platform, it was deemed a third-party matter and does not involve the company.

Does Hirschhorn have a legal right to stay in the unit?

Hirschhorn's attorney told the LA Times that because the city had never approved the unit for occupancy, and that its shower was constructed without a permit, she was not required to pay rent.

“The landlord broke the law and tried to make money by renting out an illegal bootleg unit,” her attorney, Colin Walshok, told the LA Times. “After he was caught, instead of doing the right thing, he has resorted to bullying, harassment and the filing of frivolous lawsuits containing elaborate false stories, all in attempt to cover his tracks.”

Hirschhorn has tenant protections because the unit falls under Los Angeles' Rent Stabilization Ordinance, a city investigator concluded.

She has also qualified for Los Angeles' Just Cause Ordinance, which was adopted in March and protects tenants at the end of their first lease or six months after lawful occupancy. Under the ordinance, tenant no-fault evictions also require the payment of relocation assistance.