Tenant refuses to leave rental, claims it is uninhabitable

Tenant refuses to leave rental, claims it is uninhabitable

The thing is, when it comes to tenancy law, there are some very fine lines...

People holding miniature wooden house
People holding miniature wooden house/Pexels/KindelMedia

We are privy to some accommodation nightmare stories.

When it comes to some accommodation, there are people who are all too happy to share their negative experiences. 

And we have to admit that we do feel that there are always two sides to stories. 

A lot of times, the tenants are given a raw deal and landlords are painted in a bad light, but this time, it was the other way around. 

A tenant took advantage of the situation and is now asking the landlord to pay her to relocate. 

"An Airbnb host has found himself caught up in a protracted legal battle to try to remove an unwanted occupant who has been living on his property rent-free for more than 541 days." (Insider)

Because the owner, Sascha Jovanovic, rented out his home without having a proper certificate of occupancy or a permit to build a shower, he is left in quite a predicament. 

The above meant that his rental wasn't a legal rental and this is when all the drama started to unfold. 

After Jovanovic authorised a long-term stay for Elizabeth Hirschhorn for six months at an agreed rate, he needed to get some repairs done. 

And so, he offered to put Hirschhorn up at a hotel during the repairs and maintenance. Hirschhorn did not agree to this and things turned ugly.

After her six months was up, Hirschhorn refused to leave and stopped paying rent. She then found out about the code violations in the home and used this as her leverage. 

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"The tenant contends that she will not leave without being paid money to leave. We believe there is no basis for this." (Insider) But that was just according to Jovanovic and his lawyer. It seems that Hirschhorn's attorney, Colin Walshok, told the Times: "The landlord broke the law and tried to make money by renting out an illegal bootleg unit." (Insider)

What Hirshhorn is saying is that due to Jovanovic's lack of responsibility in making sure the property was up to code, he was rude and harassed her. 

Since Jovanovic extended her stay without Airbnb, he was not protected during his rental. 

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