Resolution Center Fail - Heading to small claims

Pat101
Level 3
Culver City, CA

Resolution Center Fail - Heading to small claims

Well ... that was a big waste of time. On our 4th AirBnb reservation a guest threw a weekend long party and trashed our house. A broken teak lounger, towel rack(s) ripped off the bathroom walls, smashed glass at the pool, dented drier, doors knocked off hinges, clogged toilets, missing blender tops - which would explain the margarita mix up the kitchen walls. They also had twice as many people on the property as are allowed according to a city ordinance and which we state in our house rules as grounds for eviction and security deposit lose. Our cleaners said it was the "worst they'd ever seen"!

 

After many, many emails back and forth, Airbnb decided we were owed $13 for a cutting board the guests destroyed on the grill and wrote the rest off as cosmetic damage and "wear and tear". Intersting choice since we only finished renovationing and furnishing our house 2 months before the incident. We were vandalized and Airbnb completely turned their back on us. They've basically set the precedence that guests can trash your house and there no ramifications. Great news for guest! Terrible news for hosts. 

 

We're in the process of taking the guest to small claims court. Has anyone said screw the  "Resolution Center" and taking their issues to court? Any luck if so? 

63 Replies 63

@Matthew285 I live on the same property as my rental, and so far have been fortunate to not have guests who have gotten out of hand (except once, but this wasn't through Airbnb and they quieted down when we asked them to - At 4 in the morning. It WAS New Years Eve, so we were more lenient than we might have been otherwise) - But I am curious: Let's say I had unruly guests and they would not settle down. Do I call Airbnb to get them to intervene with guests (if possible - including evict them, if need be?) and then if they can't handle it, the police? Or...? Hoping it never happens, but just in case...And do the police / sheriff intervene if it is an Airbnb guest-type situation, from what you know? Thanks!

@Rebecca181

I remember reading some posting that was very on-topic regarding what to do in the case of an unauthorized party. I unfortunately don't remember exactly what they said.

 

I *think* a recommended sequence would be something like this:

  1. Verify that there is actually a party / unruly behavior / rule-breaking going on.
  2. Ask the guest to stop the party / unruly behavior / rule-breaking.
  3. If they do not, and there are unauthorized persons present on the property, call the police to have the trespassers removed. (Many hosts include language specifying that only registered guests are allowed on the property.)
  4. If the registered guests are the problem, then let them know that if they continue to break the rules, you will have no choice but to call AirBnB and ask them to relocate the guest.
  5. Call AirBnB to relocate the guest.

I do remember that AirBnB's stance definitely includes giving the guest a chance to modify their behavior, and I imagine that would be a logical first step.

Yes, I do have this in my House Rules (which are comprehensive) - no unregistered guests allowed, day visitors considered with advance notice. This seem the right ordering of things, and I think I did read this all somewhere else as well, as you mentioned. Thanks, Matthew!

I have been hosting on Airbnb for 8 years and this past year they find any excuse to deny the claim.  Most recently we had to add a security camera at the front door because people were checking out late even when they said verbally they have checked out.  I was unaware Airbnb had a place in the listing to let guest know there is a security camera  because it was not in there a year ago.  I did disclose it in the welcome packet so the guest didn't feel like I was invading their privacy.   It  records 15 seconds when someone locks or unlocks the door so I can make sure people check out on time and I know when my house keeper arrives.  Last week we had guest who were smoking illegal drugs which was documented from my house keeper and photos of when I went there to look into it more.  They deactivated my account because I had a security camera at the front door without letting people know on my Airbnb listing even though I let them know when they check in because I didn't know it was a feature on the Airbnb website.  So instead of working with me to resolve it they cancelled all future reservations and now have placed a huge financial burden on the homeowner that I manage the property for..  That's how I got treated for reporting the people staying there were doing illegal drugs on the propety after being a member and host for 8 years!  The people doing illegal drugs in the house apparently don't have to pay a penny and don't even get a bad review because Airbnb blocked my account for having a security camera at the front door!

I feel the same way. Airbnb does not stand behind their hosts.   My guest destroyed a bathroom door, stole my resort pool keys, and burned the sheets while smoking meth on the bed (meth in baggie left behind) and Airbnb refused my claim.    

Their resolution communication process is a joke. 

Ravi-And-Amber0
Level 1
Mission Viejo, CA

@Pat101:  We just recently had a similar thing occur through resolution center. We just started renting in April, it's been less than 9 months and the resolution center is claiming wear and tear and several damaged items. It really doesn't make sense and it's a bit frustrating. Have you, or anyone else in this thread had any luck?

 

The resolution center and escalation seems to be fruitless in coming to a fair and reasonable agreement. 

Pretty much anything that exceeds the security deposit is SOL in my experience.

The resolution center can even review your evidence, grant your claim, and close the support case and then allow the previous unresponsive guest to later re-open the support case and come to a completely different/opposite final decision without even so much as contacting you or reviewing your previously submitted evidence. Especially frustrating when it's a first time user who was granted as an exception by a 6 year otherwise always 5-star guest and host.

Sarah977
Level 10
Sayulita, Mexico

Sorry your place got trashed and hope you get a decent resolution, but I really don't understand renting out an entire house on airbnb WHERE YOU DON'T LIVE. I thought the whole original idea of airbnb was creating a rental space in your home and interacting with guests to some extent. Now it seems like just a way for people to rent houses out for way more than they could get from a long-term renter. Which is why some cities are banning airbnbs- locals can't find a place to live anymore!

 

If you are going to rent out your house to a long-term renter, normally you look at their references, interview them, etc. Then you choose renters based on all that, plus the vibe you get from them. Even then, it sometimes doesn't work out. I would never rent my whole house out to people who just booked online.

 

 

Oh. My. G*d.

 

I rent rooms. I had a guest in the room next to me leave a 550 Liter tub of garbage on my front lawn, and you don't want to know about the room proper. Most of the damage happened when I was asleep...now THAT's creepy.

 

I've had +50 trips at 92% 5 star, and I've invested 20 years in screening tenants. Apparently however some of us are not gifted psychics.

Amanda-Claudia0
Level 2
West Hollywood, CA

Hey Pat, what was the outcome? I remember one of our units was trashed beyond belief by 2 guests, who OD'D In our unit, I had the police, fire trucks and ambulance arrive, I video'd EVVERYTHING,

needless to say, with the long police report, and video of ambulance carrying the guest's out of our building, we sent AIR our bill, they stepped up to the plate and paid it all.

 

But did you go to small claims by chance? And if you did, what was the outcome, Im in the process of taking AIRBNB to small claims myself. for $1k

Brian596
Level 1
Philadelphia, PA

I had a guest throw a huge house party in our house and destroy the house....had to hire a plumber, and contractor to fix the damage.  I provided photos and invoices to Airbnb who denied the claim...contacted an attorney and taking both the guest and more importantly airbnb to court...airbnb has no explaination for the denied claim...i provided iphone photos of feces and human excrement on the walls, in the tub, on the floor etc...13 bags of beer can trash in industrial size bags; broken glass bottles in my driveway...this company does not care...i called 6/26/18 at 4:23pm and asked for a supervisor named natilie who said she was going to get me a new case manager...never happened...they made a final "ruling on it" it is absolutely absurd.  

Brian, I would like to know what happened in your case. How dod you find an attorney to take the case? I believe you agree not to sue AirBnb by lising on their site and instead go to mediation or arbitration. Was it a real estate attorney you hired? Please PM me if that's possible. So far we've had minor issues with minor damages, but reading all this terrifies me and I want to know what type of animal I am dealing here with.

Darian5
Level 2
Santa Cruz, CA

I have had the exact same experience, earlier this year a one night guest had 35 people over and completely destroyed my house, broke the kitchen table, holes in the walls, busted windows, human feces ground into a brand new leather couch, stolen items and the lot, airbnb gave me $80 for a missing blanket.  Less than a month later another "qualified" one nighter did the same exact thing expect this time instead destroying all my stuff they decided to steal it.  After knowing how the almighty trust and safety team functioned we succesfully filed a claim with police reports and receipts and were able to recoup $750 of the $1100 we were looking for, but the shady thing their was that we had added a security deposit after the first debacle and the guest agreed to release the security deposit as we charge each person over 8, totally separate deal from the insurance claim and Airbnb tried to lump the $150 security deposit into the $750 payout, which took months to correct.  Which brings us to our most current **bleep**storm (literally, we've had people crap all over our house on four seperate occasions, it is beyond comprehension).  These last folks got wasted trashed the back bedroom vommited and **bleep** all over a 1 week old $400 comforter set, with such massive volume that it straight soaked therough the mattress and was dripping into the carpet beneath the bed, mattress had to be trashed along with the comforter set and three brand new calvin klein pillows, the guest is on record admitting guilt and offering to help reimburse the sitation and that was almost three months ago.  I was getting calls from somebody at Airbnb who stated my insurance claim was denied because I couldn't provide receipts for the replaced items and I'm like do these people have a clue, I can't replace the items without the insurance money.  Finally I called for a new case manager and the guy at Airbnb says that this claim hasn't even been registered through Airbnb at all, so i had to resubmit everything, despite having all the correspondence with the phantom Airbnb customer service rep.  and still not even a call a month later.  I had guests show up at my house with shotguns and cases of ammo, i've had quests smashing car windows (fortunately it was their own cars), destruction beyond imagination and this is what i think.  Airbnb knows that if youre renting out your house, in most cases you're likely doing so because you need the money, and that being the case despite buckets of vomit and crap you'll do what you have to do keep the doors open, they give all the power to the guests becasue they're the ones that pay out and it's totally unfair.  I am in the process of filing a law suit myself and would love to chat with anybody else in the process.  I firmly believe a class action lawsuit, while time consuming, maybe the right avenue to handle these situations, right off the bat I am very confident that Airbnb's security deposit policy is fraudulent.  They have told me that they never the guest the security deposit upfront, it's that the guest agrees to pay that amount in the event of damages or surcharges, the problem is that that if the guest is non-responsive and closes the credit card on file, guess who gets hosed...the hosts.  How can you not deposit a security deposit it makes absolutely no sense and it lends itself to the false sense of security that Airbnb uses to lure hosts in one by one.  I firmly believe that it will only be a short matter of time before we are all reading about a real tragedy like a murder or some burning to death in a fire because airbnb doesn't do a **bleep** thing to actually validate who these people are that rent our homes, they don't even know who's showing up here, it could be anybody.  The one time I caught guests in a situation that was going south quickly so i called airbnb for help to cancel the reservation and get these people out of my house and they told me I was on my own and i might want to call the police if I thought things were getting hostile, gee thanks for that wealth of information.  Personally I am filing for a claim above the maximum for small claims court, in my experience once a company like Airbnb has to deploy a legal team to address the lawsuit its costing them far more than it costs me (I file pro se - without representation), just the process of getting to a trial could cost them upwards of $20,000, find a valid claim for an amount above the state small claims maximum and below what they'll spend on legal and you have a reasonable chance at getting some money out them, but the key is it has to have legal merit, it doesnt just have to be physical damage, stress, sickness, lost revenue can all count and when you tack on false advertising and fraud that number can be upwards of 4x the total.  Airbnb provides a wonderful opportunity for creative and hardworking people to make ends meet, i couldn't have gotten back on my feet after my divorce without them and I am very grateful for that.   But with Expedia coming up from the depths like a great white shark the Airbnb community needs to watch out and address some very serious issues or this whole deal will get gobbled up like all the other travel websites have.  Expedia has 100x the marketing power and once they figure out where airbnb can be improved they will steamroll the competition.  A host in Austrialia was murdered by his guests (or possibly it was the other way around) but it didn't make the news in the states but a couple of bad press deals and Airbnb will never be the same.  I am not a lawyer but I am fairly well versed in the law and can possibly help point people in the right direction if they wanted to file a claim in court, but most people are better off hiring an attorney, should the damages support the expense.  Oh and by the way, I've been on hold for AirBNB customer service this whole time, 1:06 mins and 44 seconds and guess who just got hung up on.  Sernity now...serenity now...

They don't even publish reviews on guests unless you give 5 stars so we can't warn eachother about threats.

Helen3
Level 10
Bristol, United Kingdom

Sorry @Sheila276 that is absolutely not true. You can leave guests whatever ratings and reviews you like as long as you leave the review in line with their T&Cs.