Airbnb nightmare and refusal to refund after host served an eviction notice

  • Hi Guest, welcome to the help forum. You can get fast answers to your customer service questions here. We have a dedicated team of advocates who are ready to help. Just go to the section that matches your question and ask us!
  • If you've posted a question or issue for our advocates to assist with, please be sure to check back frequently for responses and requests for clarification.
  • Did you know you can get email notifications when something new posts to your favorite forum? It's easy. Just click the "watch" link right next to the "post new thread" button at the top of your favorite forum. The rest is easy. Now you'll never miss another conversation.
  • Want to become an expert user? Drop by the How to use this forum section and all will be revealed. We'll show you how to make the most of your experience.
Feb 3, 2019
117
197
43
66
#21
I'm not sure I understand your argument fully here.

In my case, I was uncomfortable with it being an illegal rental
But in your initial post (emphasis added)

This obviously made us question whether the unit was allowed to be placed on Airbnb in the first place but oh well.
If I understand the timeline and fact pattern here correctly, you figured out almost immediately that the unit was not a legal rental. But instead of reporting this violation to Airbnb right away and asking them to help you find a new place to stay, or otherwise making alternate lodging arrangements, you essentially crossed your fingers and hoped you wouldn't get busted.

I can understand this inclination, given the difficulty you state you had in securing appropriate accommodations in the first place and the hassle of moving your entire family to new accommodations. But are you not in the least bit responsible for your own failure to attempt to remedy the situation properly with Airbnb right away?

We insisted on a full refund on the basis of his blatant violation of Airbnb rules and regulations and both his and Airbnb's foreknowledge of its illegal status prior to our arrival.
Did the previous guest's review specify that she had notified Airbnb properly of the issue with the property? I don't expect them to be checking reviews to see if guests had problems they never reported directly.

At any rate, I would agree you're due a refund once the property became unavailable to you - but not for the nine nights you stayed there without telling Airbnb the host was violating their rules.

Per Airbnb's Guest Refund Policy, you have to report a "Travel Issue" to Airbnb in writing or via telephone within 24 hours of discovering it, which you did not do (per your "but oh well" comment). Airbnb also explicitly gets to decide what refund you're due - if any:

All determinations of Airbnb with respect to the Guest Refund Policy, including without limitation the size of any refund and the comparability of alternate Accommodations, shall be in Airbnb’s discretion, and final and binding on the Guests and Hosts.
Airbnb's offer to refund only the prorated payment for the nights you did not stay at the property appears to be consistent with their stated policy.
 
Jul 30, 2018
146
328
63
48
#22
I'm glad to know that some entities are taking action while waiting for the "government" to do something. We are in an age of "internet access = cheaper". Travellers are out for "cheaper" so they're willing to take a risk. Good grief, we see posts from people who want a refund from Priceline! Cheap rules. I don't think that any savings could possibly be equal to the trauma of a family with pets out on the street with no place to go. There are other solutions, they're just not "cheap".
Well said j! You once said "the internet is not your friend"; such an invaluable piece of advice!
 
Apr 1, 2018
55
71
18
66
#23
In the future, always do a search on "AirBnB xxx" and xxx is the name of the city you are visiting. Then click "news" in the search results and if there are problems/legal issues with AirBnB in that city, you will see plenty of articles.

I like the concept of AirBnB, but living in 2 cities both of which have been negatively affected by AirBnB - displacement, rising rents, etc. I now hope they go away. Also, I purchased my unit in a residential building, not a hotel, the while AirBnB guests can be OK, they can also be awful.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
19,697
18,353
113
New York
www.promalvacations.com
#24
In the future, always do a search on "AirBnB xxx" and xxx is the name of the city you are visiting. Then click "news" in the search results and if there are problems/legal issues with AirBnB in that city, you will see plenty of articles.

I like the concept of AirBnB, but living in 2 cities both of which have been negatively affected by AirBnB - displacement, rising rents, etc. I now hope they go away. Also, I purchased my unit in a residential building, not a hotel, the while AirBnB guests can be OK, they can also be awful.
I agree with you! I would not want to be another tenant in a building that has transient people coming in and out because someone is subletting to Airbnb. This can be a huge safety issue for other tenants.
 
Aug 5, 2019
5
0
1
41
#25
Keep that in mind in the future if you ever use Airbnb again. This was a really expense long rental and there isn’t much you can do - you are out all that money.

Would it have been less expensive to board the pets then pay those prices?
Yeah, you live and learn. Boarding our dog is not an option for us so that does indeed preclude a great number of options for us.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
19,697
18,353
113
New York
www.promalvacations.com
#26
Many extended stay hotels do allow pets - but they do charge for them. Yet it is a safer option than an Airbnb. As you have found - there are illegal rentals on the site. Plus no one vets these place for safety or code compliance. With small children you are really have no way to ensure that your rental is compliant with current fire and safety standard. With a hotel, you pretty much do.
 
Jul 30, 2019
7
10
3
53
#27
I've had good experiences with Marriott Residence Inns negotiating a better rate for a month-long stay and even in San Diego near the beach during tourist season have not had to pay as much as $6,500 for a 30-day stay. I usually end up paying about half that. Of course, if you are in the heart of NYC, that would be something else, but definitely just about anywhere else I can't imagine paying $200/night if you negotiate several months in advance.
 
Likes: VoR61

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
19,697
18,353
113
New York
www.promalvacations.com
#28
I've had good experiences with Marriott Residence Inns negotiating a better rate for a month-long stay and even in San Diego near the beach during tourist season have not had to pay as much as $6,500 for a 30-day stay. I usually end up paying about half that. Of course, if you are in the heart of NYC, that would be something else, but definitely just about anywhere else I can't imagine paying $200/night if you negotiate several months in advance.
There were pets involved and if a hotel allows them they often charge extra.
 
Apr 23, 2018
151
152
43
79
#30
San Francisco is one of the cities leading the way in better regulating Airbnb. They agreed with the City to make sure that nobody can advertise on their site unless they show proof that they have the requisite short-term renters permit and business licence from the City. Airbnb set up a process to register new hosts with the city to make it more painless. I thought they also committed to requiring every listing to contain the host registration number, but I didn't see it on two listings I just checked. (It may be behind the "request to book" link.)
https://www.reuters.com/article/us-airbnb-sanfrancisco-settlement-idUSKBN17X254
 
Likes: VoR61

Patina

Verified Member
Dec 22, 2015
1,464
2,513
113
#31
San Francisco is one of the cities leading the way in better regulating Airbnb. They agreed with the City to make sure that nobody can advertise on their site unless they show proof that they have the requisite short-term renters permit and business licence from the City. Airbnb set up a process to register new hosts with the city to make it more painless. I thought they also committed to requiring every listing to contain the host registration number, but I didn't see it on two listings I just checked. (It may be behind the "request to book" link.)
https://www.reuters.com/article/us-airbnb-sanfrancisco-settlement-idUSKBN17X254
Supposedly, it is required for rentals in Portland Oregon but most of the rentals I see, I know for a fact ,are not legit with the city.
 
Likes: VoR61
Oct 10, 2015
40
23
8
68
#32
In most cases, if the tenant is served with a 72 hour notice and fails to vacate then the landlord has to go through the normal eviction process which can well take over 30 days.

If a tenant sublet the apartment to an AirBNB (or any other) person then the issue is between the landlord and the (primary) tenant. If the subtenant did not vacate then the landlord and tenant have to work things out.

The AirBNB guest would just have to immediately mention the eviction notice to AirBNB and AirBNB would then be responsible for relocating the guest including covering any costs due to forcible (which is illegal) eviction whether or not within 72 hours.
 
Oct 10, 2015
40
23
8
68
#33
If the AirBNB guest elected not to mention substandard condition in the apartment and to occupy the apartment anyway, then the 72 hour eviction is a brand new topic which, if brought to the attention of AirBNB immediately, is not too late to require AirBNB to relocate the guest.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
19,697
18,353
113
New York
www.promalvacations.com
#34
In most cases, if the tenant is served with a 72 hour notice and fails to vacate then the landlord has to go through the normal eviction process which can well take over 30 days.

If a tenant sublet the apartment to an AirBNB (or any other) person then the issue is between the landlord and the (primary) tenant. If the subtenant did not vacate then the landlord and tenant have to work things out.

The AirBNB guest would just have to immediately mention the eviction notice to AirBNB and AirBNB would then be responsible for relocating the guest including covering any costs due to forcible (which is illegal) eviction whether or not within 72 hours.
In this case Airbnb could not find alternate accommodations and washed their hands of the mess by simply refunding what the OP paid. So what Airbnb is supposed to do they don’t necessarily actually do.
 
Likes: VoR61
Oct 10, 2015
40
23
8
68
#35
How do you edit a reply?

Well, I am not sure of the extent that AirBNB would have to cover an alternate hotel chosen by a guest who vacated an uninhabitable (includes due to eviction) apartment but the guest should at least claim a refund up to the full AirBNB rental, not just the prorated unused portion, if the cost of the replacement hotel exceeded that.
 
Likes: JVillegirl541
Oct 10, 2015
40
23
8
68
#36
Like renting a car, the AirBNB guest should write up defects and damages in the property at the start of the rental. It would be necessary to send a copy of that to the person or company from whom the property is rented and also to the person or entity who collected the rent i.e. AirBNB. This is to prevent the owner from claiming that the guest did the damage.