AIRBNB NEEDS TO BETTER SCREEN HOSTS AND PROTECT GUESTS

[John2382]

Fully furnished in adsFully furnished in adsClean in adShared with 2 other men; not shown in adInoperable furnace -- needs to be replace or servicedI can not say my First Air BnB experience has not been a pleasant one.  The person who listed the property was not legally assigned to do so.  All the pictures in the listing misrepresented the property.  There was no heat, or furnace operable at the property which is against habitability laws in the state of CA.  Air BnB is claiming it was not listed in the amenities, so not to expect it.  That is like saying too bad you suffocated, because oxygen was not a listed amenity.  Then wi-fi was disconnected last week, because of a dispute with current tenants who had no idea one of the rooms was going to a BnB customer...me.  Now, I get to go home and sleep in my 35 degree room until they give me a refund, so I can move since I used all my disposal income to move in there.

[Linda108]

Contact Air BNB if the listing description is not accurate and request assistance in relocating, @John2382 .  You can also go to the profile page of the host and using the flag under the profile name to report problems.  Here is a link for contacting Air BNB.

https://community.withairbnb.com/t5/Help/Contact-Airbnb-A-Community-Help-Guide/m-p/16165#M728

Good Luck!!

[John2382]

Here is my Air BNB customer service transcript...what a joke!!

MARCH 4, 2019

Airbnb Support3:43 PM

Hi John! This is Lady, your Case Manager here in Airbnb whom you spoke with earlier.

I am truly sorry for inconvenience with your current reservation with Alex. As a Case Manager, I am here to provide a fair and reasonable decision based on facts presented. Kindly reply with the pictures that you have as proof on the issues you reported via phone call.

John3:46 PM

Hello:

 

Please find the living room as viewed & is still completely unfurnished.

 

The bedroom did not have sheets; only a comforter and the two black items over the window held together by a safety pin. The blue & white item is my personal shower curtain. His sub lessor went to Target & picked me up some sheets, & I made my own bed.

 

The bathroom is currently being shared by three (3) adult men, myself included, who all go to work b/t 6-7 AM

 

The pool is unusable and filthy

 

 

There is no heat in the house, and the heater that is installed has been tagged by So Cal Edison as a potential fatal risk, if used. Temperatures get as low as 35-40 degrees at night, and the house is always uncomfortably cold.

Plus, he requested I arrange a plan to send him money outside the Airbnb network. I truly appreciate your attention to this particular situation. As it is my first experience I look forward to your response/follow up!!

 

I did mention there are three other sub-lessors there who are there under the impression they are taking over a lease. There is no common kitchen to use, and it is a very awkward situation currently, but we are making due.

Airbnb Support4:02 PM

I was able to get a hold of Alex, and he informed me that you have already discussed the issue with the Wi-Fi. He mentioned that he offered you a partial refund as there was an outage that is why it is not working.

As for the heating, I reviewed the listed amenities on the listing and heating was not included so it cannot be taken against the host. Should you wish to leave and transfer to a new one, you will only be eligible for a full refund on the nights you will not be spending in the listing plus the partial refund for the affected nights on the Wi-Fi issues.

John4:12 PM

The wi-fi was due to an argument not an outage...if it was an outage it would be back on. As for the heat?? So, Airbnb is defending someone who directly breaking the law In California, the case Green v. Superior Court established that residential tenancies in California contain an implied warranty of habitability. Basically, this means a residential rental must be habitable at the time it is rented and during the tenancy the landlord must repair problems that render it uninhabitable. I don't know where you are from, but IT IS AGAINST THE LAW TO ALLOW TENANTS IN CALIFORNIA NOT TO PROVIDE HEAT. Penalties Against Landlords Who Break The Law Section 306 of the Housing Code says that landlords can be fined between $500-$1,000 and/or imprisoned for up to six months. Not providing heat is a crime. That it is not amenity. It's like saying oxygen was not listed as an amenity, so we are sorry you suffocated. “Habitability” means the property must be in livable condition. Items under the warranty of habitability include working electrical, plumbing, gas and heating systems, ventilation and compliance with building and safety and health codes, among other items. If the unit you rented lacked heat when you rented it, you probably have a habitability claim. Habitability can also be raised as a defense in an eviction lawsuit. On the other hand, landlords are not responsible for repairing damage caused by a tenant, other residents or their guests. The division of responsibility for repairs between landlord and tenant is usually stated in the rental agreement or lease. I would certainly re-think that a escalate my complaint to a superior. Thank you.

We have not come to any type of agreement on the WiFi

John4:52 PM

Are you going to look into this any further?, or are you standing beside a host who is breaking standard California Tenancy laws of Habitability?

Airbnb Support5:14 PM

I am not able to comment on the law you cited as I am not a legal expert. The information I provided regarding hosting violation is based on the resources available to us.

John5:21 PM

So what are you going to do about it?

Airbnb Support5:29 PM

The decision will be up to you if you will stay or leave the listing with the same refund guidelines I mentioned earlier. Should you wish to leave and transfer to a new one, you will only be eligible for a full refund on the nights you will not be spending in the listing plus the partial refund for the affected nights on the Wi-Fi issues.

John5:46 PM

It is very inconvenient to move in the middle of the week, so if I stay throughout my reservation what will be the 7 days w/o internet reimbursement? Thank you

The weird thing here is that Alex is not even the rightful owner of the house (I met them yesterday). He is only a renter.

Airbnb Support6:03 PM

Yes, you will be refunded partially for the affected nights with Wi-Fi issue. As for the ownership of the property, we also have no information about it. If the owner allowed Alex to publish the property in the platform, it is their own agreement, Airbnb cannot intervene.

John6:04 PM

What is the re-imbursement? I met the owners yesterday and they were not too happy.

Airbnb Support6:34 PM

You are eligible to get for up to 50% refund of the accommodation fee for the affected nights. I highly suggest that we wait for the reservation to be completed, so we can determine the total number of nights affected and issue the refund in a single transaction.

[John2382]

Thank you

[Helen3]

Hi @John2382 

It's not clear from your post, did you do as Airbnb suggests on your booking confirmation and contact them within 24 hours of arrival to let them know there was no heating at your property and the listing was misrepresented  in the photos?

Are you saying that Airbnb told you that if no heating is listed as an amenity that you shouldn't expect any? What did they say about the photos in the listing misrepresenting the property and having no wifi?

If key amenities are missing and the photos misrepresent then Airbnb should refund you and give you a 10% credit so you can find an alternative place and they will transfer any refund to your new booking.

[John2382]

At time of check in I was with a "sub-lessor" of the "lessor (unauthorized agent)" of the actual owner of the property that had no idea this was occurring.  It was chilly/cold and I inquired about the heat at that time, and he said, "oh, the heat is regulated and thermostat set", so I didn't bother looking into it further at that time.   I had no idea who all these players were.   In the coming days I learned that three (3) other men lived there (4 bedrooms) under completely different circumstances than AirBNB.  They were being taken for a ride (figure of speech) by the unathorized agent too.  The "sub-lessor" was simply the go-between, and I do not know if I have ever actually spoken to the actual, "lessor (unauthorized agent)".  Regardless of that, after the temperature never really has been above 50 I started poking around and found the furnance had the danger stickers on it and DO NOT LIGHT, etc...the others told me that was a ruse so no one would try to use it.  The internet being disconnected was a result of an arguement b/t the three others & the "lessor (unauthorized agent)" who claimed to Air BNB there was an outage which was complete BS.  One of the three ended up installing his own yesterday.  

The correspondence w/ Air BNB came only a few days ago after I had had enough ... now I am pretty darn sick (severe cold or flu), and need to work.  I'm at work, but not with it at all.  The whole thing about this "Alex" being a super host and the badges is BS too.  I found his birth certificate and driver's lisence in a hall closet, so I do not even know  if this guy is alive or not!! 

I am not  leaving the property until I recieve a full refund, and whatever else they are trying to do to make it right.  I've contacted an attorney already and he said to just sit tight.