An Airbnb renter allegedly overstayed more than 520 days without paying – but says the homeowner owes her money

An Airbnb renter has refused to depart a Los Angeles property – regardless that her six-month rental expired 18 months in the past, a house owner alleges in a lawsuit. The renter, nonetheless, filed a countersuit in Los Angeles Superior Courtroom, alleging the home-owner ought to pay her again all the cash she paid him, and a decide has dominated the home-owner cannot evict the visitor. 

Sascha Jovanovic, a dentist who put the visitor home at his residence within the Crestwood Hills neighborhood on Airbnb in 2019, alleges Elizabeth Hirschhorn has stayed there greater than 520 days after her rental settlement ended. He says has rented the visitor home previously, which is a part of his major residence and has additionally been utilized by his household, and that it has been rated 5 stars by Airbnb visitors.

In his lawsuit filed in June, Jovanovic alleges Hirschhorn rented the Airbnb from Sept. 13, 2021 to March 19, 2022 and he prolonged the rental by 24 days for no value to permit Hirschhorn to seek out new housing. 

Jovanovic says he didn’t prolong the rental settlement past April 12, 2022. 

After a leak within the visitor home, Jovanovic despatched mildew inspectors to verify on the unit on April 13, 2022 – however Hirschhorn refused to allow them to in, he says. He alleges she continued to refuse the inspection and even referred to as the police, who decided it was a landlord-tenant dispute. 

He discovered himself emailing with Airbnb to attempt to get Hirschhorn to depart. Airbnb confirmed Hirschhorn’s rental interval had ended and that she is violating his rights as host by not leaving the property, he says. The defendant claims he supplied Hirschhorn to remain in his foremost home, however she refused that provide.

He mentioned he was charging her $105 an evening and by the point he filed a lawsuit in June 2023, Hirschhorn had owed him $42,840 for the 408 days she had overstayed.

Since that swimsuit has been filed, Hirschhorn has stayed within the visitor home one other 115 days – and she or he filed a countersuit within the Los Angeles Superior Courtroom in opposition to Jovanovic in September.

Hirschhorn alleges Jovanovic harassed her and tried to intimidate and coerce her into leaving the property. She additionally alleges the situations within the unit made her sick, saying there have been water leaks and mildew development. 

She alleges that Jovanovic started heavy building outdoors the visitor home, which led to her publicity to fumes and different odors. She additionally claims he performed music all day and night time, positioned rotting trash on the entrance door of the visitor home, shut off the recent water, padlocked her mailbox, took private objects, and unlawfully entered the unit.

Hirschhorn additionally alleges Jovanovic turned off the water and HVAC unit and put in a digital camera above the door of the visitor home, claiming a breach of “quiet enjoyment,” a covenant that the owner is not going to disturb the tenant. Courtroom paperwork allege he “knew or ought to have identified that their illegal conduct induced [her] to endure loss or encumbrance of a major residence or belongings.”

The countersuit alleges that as a result of Jovanovic didn’t acquire a certificates of occupancy for the unit from the Metropolis of Los Angeles Division of Constructing and Security, probably the most he may cost for hire is $0.00.

As a result of he allegedly retained greater than the utmost permitted hire, Hirschhorn says Jovanovic owes her damages and reimbursement for what she calls “extra hire.” She is asking he pay her again what she paid him – an quantity to be decided at trial – in addition to her lawyer’s charges.

Jovanovic’s swimsuit was dismissed this week and a decide dominated he can’t evict her, in accordance with Colin Walshok, the lawyer representing Hirschhorn within the swimsuit filed by Jovanovic. She has different illustration for her declare for damages. 

Walshok alleges Jovanovic made up false tales and falsified paperwork. “It was by no means a 6-month lease,” Walshok mentioned in an electronic mail to CBS Information, saying that the home-owner agreed to a long term lease with Hirschhorn, however the deal was not made on the Airbnb platform.

Jovanovic’s lawyer Sebastian Rucci mentioned they imagine there isn’t a foundation for Hirschhorn to get cash to depart the property. “We is not going to negotiate with Elizabeth Hirschhorn. We is not going to settle for any settlement the place Sascha has to pay her,” Rucci informed CBS Information by way of electronic mail. 

The lawyer mentioned Hirschhorn owes greater than $60,000 in hire and referred to as her allegation that she is owed cash “absurd.”

“We are going to evict her, the police will throw her out, she’s going to owe Sascha over $60,000 in again hire, and we are going to be certain everybody in Los Angeles is conscious of her abuse of the system for an improper function,” Rucci mentioned.