smoking penalty

[Gabe2]

Throughout my posting and my rules I have No Smoking listed several times. In the rules I mention heavy fines for smoking.  

My guests smoked and I have screenshots from my video security showing it.  I would like to administer the fine.  I reminded them of the policy during their stay and they apologized.  When should I tell them about the fine?  Will airbnb support and help me to collect the fine?

Text from my posting and rules below

POSTING

No smoking

• Absolutely no smoking or any other smoking-like-activities on or near our house, even a few houses away. Typically people don't smoke on the street around here so my neighbors would find it disconcerting. There are some fine places to enjoy a smoke nearby - Harvard Avenue, Eastlake Avenue, even a few waterfront spots. There are heavy penalties for smoking. Please just don't do it.

 RULES

NO SMOKING INSIDE OR OUT, NOT EVEN HALFWAY DOWN THE BLOCK!!!!  I can't stress enough that smoking will not be tolerated, even if you are a couple of houses away.  If you wish to smoke please go two blocks west to Harvard and Shelby or somewhere else on a busy street.  Our neighbors don't like it either and have come to expect no smoking, no butts, etc...  I am sorry if this seems draconian but it just something we don't want to deal with. 

$500 fine for smoking on the property outdoors and $2,000 fine plus actual remediation costs for smoking inside.  In either case your stay will be cancelled and you will have to leave the property immediately.  Does that sound unfair?  I am very sorry.  Smoking is just not tolerated.

[Nancy409]

AIRBNB should enforce the penalty for smoking.  I had someone stay at my home and left tobacco on the microwave.  I have found butts in my garden and on my dock stances.  A nice restaurant burned down and it was either the stove or someone thru a lit but which caught the garden on fire.  Rules are rules and if we have to follow AIRBNB rules then they need to follow ours!

[Bradley203]

How do you charge the fine, I had tenants who blatantly ignored my rules and made a mess of the balcony with their cigarette ash and burning marks into my outdoor furniture ? 

[Dora495]

I had a similar issue happen to me where someone smoked and I wasn't able to show any evidence. I found out about a product that detected cigarette smoke ( called Wynd Sentry https://hellowynd.com/pages/sentry ) I installed and a month after I had another smoke incident. The device alerted me and provided a report on the smoke levels. I used the report and was able to charge for the fine and receive the full charge. highly recommend. The installation takes a bit of time (not difficult though) but definitely worth it for the peace of mind. 

[Baubie0]

I'd like to know also.. do we set out own fee or does Airbnb?

[Jessica555]

I see a lot of attacks on this host for trying to enforce a non smoking rule, and I find that disturbing. I have a rule that I absolutely cannot host smokers, no matter where they plan to smoke. I have an extreme sensitivity to the smoke and the odors. When people who smoke stay in my home, regardless of how far away from my house they smoke, everything in the room and sometimes other parts of the house, smells of cigarettes. The comforter, which I normally don't wash after every single guest, smells like cigarettes and needs to be taken to a professional laundromat immediately. I recently had a smoking guest who hadn't told me he was a smoker, despite my rules explicitly stating I cannot host smokers, and despite multiple emails I sent him in advance stating that I abolutely cannot host anyone who smokes. While I did not attempt to fine the person because I don't want to struggle, it caused me several hours of additional cleaning that I don't really have time for since another guest is already on her way, at least $15 in laundromat fees, and since it has been negative 10 fegrees Farenheit around here, it's not really a good time to open windows. My point being that before you attack a host for trying to have rules that will make hosting feasilble for them, think about this. Perhaps a $500 fine is too high, but as people who open our homes to others, we should certainly be able to have rules that will keep our homes safe and clean, and we do need to have some way of enforcing them. For example, no being raging drunk in the house is a reasonable rule, right? But if the person was drinking 5 miles away and didn't break any laws while doing it, are you going to say we have no right to have a rule against wildly drunk people in our houses? We should be able to make and enforce any rule that will make us safer, regarding substances used, and this does not need to be limited to using them on our property. I am a very open and inviting host and have few rules, and I allow access to everything in my house. But my no smokers rule is absolute and strict, and I will ask a guest to leave if it is broken, because why would someone choose to stay at my house knowing they couldn't follow a rule like that?

[Kenneth12]

Hmmm.  There are a lot of potential issues here.

FIrst,  "your house your rules" but getting Airbnb to back you up on that seems painful or impossible.

You forward a lot of scenarios,  as well as state an extreme need / rule that may not be compatible with being an Airbnb host.   

Whether you like it or not,  smoking (or drinking) off-premises is not equivalent to being drunk and disorderly on the premise.   I doubt you can list (in the US) that you prohibit people who drink alcohol. 

You can prohibit alcohol use or smoking on your property,  and you can try to say something like "no coming home from bars drunk" but I don't think that's likely to work out well.  Unless someone is causing a real problem with actual behavior,  Airbnb is not likely to back you up.

I am also thinking of a friend who says that she absolutely cannot stand the smell of fabric softeners-- they nauseate her (it's an artificial effect,  after all) and,  evidently,  others.

Can you ban guests from having clothing laundered with fabric softeners?  Practically,  I don't think that's going to work out;  at least in the context of public accomodations in the US,   it's just too common and normal a practice.

So too,  I'm afraid,  may fall your "special need."  It's fine,  it just may not be compatible with being a host on AirBnB and other platforms.

[Karla128]

Right on. I found it is so unkind, or lack of understanding from those hosts attacks the issues too.  

In Califonia, we are pretty much smoking free where ever you go. And I never stop waving a fan in my hand to show the smokers passing through me, how selfish are they? ... Even at hiking trails.... 

I told my tenants to smoke in their own car, and keep the door and windows short. otherwise, they will be breaking house rules and vacant within 24 hours without negotiation. 

And, if I find any smells in the room, $300 none refundable fees without questions. If they are a smoker, ( I always ask in front before they checking in. ) Sometimes I let they stay, sometimes, I don't accept it. If they are aggressive, I will charge extra $300 add to the rent.... so they go away before they book from me. I take the full control of how to rent smoker... Some said it helps them to smoke less....lol.. Good for them...

However, in winter seasons. No smokers are welcome to my property. Because they will not get out the house when it is cold, they will stand on the window( inside the room)  to smoke and damage my screen. Hard to remember to check that details before they checking out... Some rooms from white to yellow...., had to paint the wall again...Do they care? not at all. So, why should I support such behaviors?

You can not get rid of the smokes sinking into the furniture. Bedding needs to replace new. Plus, it is the most house fire calls in any country. 

For all the reasons, $300 deposit is cheap.( I get that from how the hotel charges)  And $2000 is not at all much...in my view. 

The city of California also asking fine $1000 in public too. 

The more strick to smokers, the better health we keep. They can buy tobacco , they can pay fine too. right? Or, they can go to the hotel to pay full rent...We are here to host, not to suffer our health or stress for those smokers. They can rent the hosts who smoke too. Why do they think they can disrespect none smoker's home? 

Any host want to attack my point of views? 

[Kenneth12]

I would be very careful about terminating a stay for actions outside your premises.  As a guest,  I would certainly litigate for costs,  damages and penalties.  As with United Airlines,  there are limits to reasonable action.

You may view smoking outside as a 'noxious act,'  but as my constitutional law text said in the preference,  reasonable people may disagree,  or find your position equally noxious and unreasonable.

Fines must be proportionate.   $50 for smoking on the property may be reasonable.  A judge might penalize you for bringing a case where you want $2000 (the judges I've known,  probably would not be happy to see such a ... well,  ludicrous claim).

[Gabe2]

Follow up to original post.

Airbnb did not enforce the smoking penalty nor did they reimburse for the repairs to the burned carpet.

Thank you all for your comments and feedback.

[Mike77]

@Gabe2

Take your problem to the very public AirBnB FaceBook page.  They like it when you do that.

🙂

Mike
AirBnB Treehouse for Rent
https://www.airbnb.com/rooms/7292887

"Coming soon to a bookstore near you: The Quotable Host by Mike" -- @Sandra
"Guests neither scare nor intrigue me--and I'm ALL about the money!" -- @C C

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[Meg33]

Does anyone know if you can kick guests out if they are breaking (and continue to break) house rules, such as smoking inside?  Cigarettes were found by the window when rules state explicitly that they are not allowed to smoke inside the apartment.  If they continue after request to stop, can we ask them to leave mid-stay?

[Karla128]

Yes, get them out asap. call airbnb. It is your house. They break the house rules. 

Next guest may cancel on your home from smelling it or whatever reasons. Do not risk it. 

I tried before to let the smoker stay the full time to keep the good business for airbnb. I was so wrong. 

When they left, I had to wash all walls, paint all walls, shampoo and lots more.... change new beddings, still smells it. ( the guest told me they will stop... ha ha... lie, of course.) 

And I even get bad reviews from the smoker saying that I am rude to his behaviors. ...lol....lost my supper host lever from bad reviews too. Just not worth my life to support those disrespectful guests. 

In the end, Airbnb change another case manager did nothing for me at all...  try facebook if they help you? I would like to know if they do...

[David126]

I would imagine most hosts would boot them out straight away, I certainly would.

[Nancy225]

We have the same problem and fine notice but haven't "filed" the claim as yet.  Did you follow any appeal procedure or did Airbnb just say no and that's it?

[Karla128]

With all the time and energy to just cleaning the smokehouse, After the guest left here. With the no support from airbnb.. few years ago,

I rest it for experience and never allow it happens anymore. Andy smells, I ask them to leave...

Maybe the facebook helps your case? I did not try it before.  Get on with it...