Security Deposit claim for damages & extra cleaning.

Paul175
Level 2
Vancouver, Canada

Security Deposit claim for damages & extra cleaning.

I have been renting out our vacation place for 19 months now and generally it has been a great set up for me  and the 58 groups we have hosted, until recently.

 

Recently we had a group that was smoking in our place, which is against our House Rules.

They left cigarette butts around the place and our place stunk.

 

The cleaner took photos to document what had happened, and the next guest also contacted me to let me know about the smell (Fortunately she was very understanding and I sent her a bottle of wine)

 

Even though smoking is clearly against the rules and I had independent evidence Airbnb refused to withold their damage deposit.

 

With nearly 60 stays at our place, I have only gone to the resolution centre twice so its not like I go after damage deposits regularly.

 

Airbnb said that my place wasn't physically damaged, but thats just not true as cigarette smoke seeps into the walls, carpets and furniture.

 

I am a resonable person and accept wear and tear on our place, but Airbnbs response to this smoking really annoyed me.

 

Has anyone else had this problem?

 

Paul

8 Replies 8
Italo2
Level 2
Wörgl, Austria

Hi Paul,

Sorry to hear about the bad experience.

I haven't had a similar case but by my understanding, if you haven't suffered a damage/costs, you won't be able to put a claim.

If they had burned some of your furniture by smoking inside the house, made the walls black due to smoke, etc... This would require repair and therefore a claim would be valid.

While I'm a non smoker and wouldn't like anyone smoking inside my apartment, I'm pretty confident that leaving the windows opened for some hours will do the job.

Your best resource is to leave a bad review to your guest... Money, I doubt.

Good luck!
Sean---Enrique0
Level 3
Niagara Falls, NY

That is unfortunate, and I have had this happen to me. Apparently this customer understood NO SMOKING, as, it is ok if he takes out the screen to the bedroom window, blow the smoke out the window (the room still smelled of smoke so this obviously did not work) - and then he put out the cigarette on the windowsill which left permanent melted holes on the plastic. I was really upset with this jerk. Some people just have no respect

That sucks.

 

Did Airbnb send you any of his damage deposit or did they treat you poorly as well?

Andrea9
Level 10
Amsterdam, Netherlands

@Paul175

I don't have any experience myself with such an issue, yet from what I have read on several forums Airbnb always requires receipts.

Did you have a receipt from your cleaner for the extra cleaning measures to get rid of the smoke? It appears that the chances would be better with one.

 

That being said, it does appear however, that Airbnb does not consistently decide in such cases. 

 

You could decide to have no smoking anywhere on the property to eliminate any gray area of what no smoking means, but there's always that guest...

Hi Andrea,

 

Yes I had receipts from the cleaner but AirBnB refused to payout.

 

Was so dissaopinted in their response.

I am a good host and without people like us they have no business.

Andrew221
Level 2
New York, NY

I just had a guest leave with a similar situation: smoking (including drugs) inside the house in clear violation of the rules (amongst other things).  I have it documented via video cameras.  I called Airbnb as I've had problems with claims resolutions before.  They told me I could request any amount of my security deposit to be refunded due to rules violations.  I do have stated in my listing that violation could result in partial or full loss of my security deposit.  Airbnb support even read that to me on the phone so he said it was ok to submit.  That statement on your listing might be key.

 

Now, we all know what's going to happen from here.  I'll submit the claim, the guest will refuse and it gets escalated to disputes which I don't have any faith will rule my way.  We also know the other problem that as soon as you make a claim which goes to the guest you are guaranteed to get a bad review. THIS IS A HUGE CONFLICT IN AIRBNB'S SYSTEM THEY REFUSE TO ACKNOWLEDGE OR FIX.  Yes, they say that if a review references this it can be taken down.  I had that happen once but it also meant they took down my negative review of the guests so future hosts will never know the nightmare.  Saavy guests also know this policy and they just give you a negative review making things up but which aren't in violation of the content policy and thus Airbnb won't remove.

Branka-and-Silvia0
Level 10
Zagreb, Croatia

In my apartments smoking is allowed. And despite that very few guest smoke inside. I never sent the smoke when I come to clean but I did sent sweat or smell from cooking. So what? I should prohibit sweating and cooking? Or should I claim cleaning refound from Airbnb every time some guest bake an egg or have a smelly sneakers? 🙂

 

The only smoke related damage in 6 months renting is one burned window curtain and the guest left the money for new one before I even noticed that. 

So, my opinion is that you panic without a reason.

The walls will not become yellow because of few cigarettes during the year. Just open the windows and spray some deodorant.

Judy143
Level 2
New York, NY

Hi Paul,
I know exactly how frustrated you are with Airbnb. The Resolution Center-->Host Guarantee favored my guest in a similar case.

My guest broke the NO SMOKING house rule & clearly left cigarette burn holes that went completely trough the bed comforter & table linens. In addition there was a large water smoke pipe, trash pile up, red wine stains, smoke smells, damage to furnishings that were not wear & tear, & guest completely ignored my request.

After making a claim well within the time period required after the guests checked out & subsequently meticulously submitted (over & over) all the requested documents (photos, receipts, estimates, links, detailed description etc..) my case was suddenly closed. It was closed & reopened 4 times! After one months time, I was awarded 1/3 of the damages from the claim.

I am disappointed in the way Airbnb dealt with my case & they really made it difficult because:
1. It kept getting handed off to different representatives & departments. At least 20 different representatives.
2. There was no follow up unless I strongly requested the claim be looked at closer.
3. Parts of my claim were never even read by Airbnb as their reason to closing my claim was I didn't provide information requested.
4. Information in the original claim to INVOLVE AIRBNB was never reviewed or looked at.
5. Lack of transparency on their part.
6. It took a month for the decision that amounted to less than the deposit I require, even though damages were more than that!

Overall my reservations have gone very well & Airbnb has done a sufficient job at addressing my concerns but this experience made me re-evaluate how trusting I should be to leave my apartment in Airbnb's hands. Additionally I have learned that I may even need to be more strict with my vetting. Hopefully not to my detriment (catch 22)!

If anyone would like to share some insight please do so. Maybe I can learn to be a smarter host.