Building Management Doesn't Allow Airbnbs and Listing is Most Likely a Scam but Airbnb Won't Refund Me

[Danny432]

Booked an Airbnb with a friend for next month that, upon doing some research, seems super shady. After we booked, we were told by the hosts in the House Manual not to speak with neighbors or open the door for superintendents, management, or cops. Reached out to building management and turns out that not only is Airbnb banned in the building, but the apartment we would be staying in currently has no tenant and nobody with the host's name ever lived in that apartment. Management also said the listing is fraudulent and I should notify Airbnb and try to get my money back as we won't be allowed to move in. Spoke to Airbnb support about this and they basically said there's not much they can do because Airbnb doesn't deal with landlord/tenant disputes as a 3rd party, and so I probably won't get a refund. What are my options here? 

[David6824]

Do you really need an italian to solve your prob @Danny432 ?

Just take it!

Apart me too I tell my guests to not open the door to anyone for safety reasons, if someone enquiry you just do not reply or say you're the landlord old friend met him in Alaska 20yrs ago during a salmon fishing or find a whatever excuse. Could you make it?

[Mike-And-Jane0]

@Danny432 I suggest you report, totally separate from your booking, the apartment as a fraudulent listing. That way Airbnb will investigate and take it down if it is not legitimate. They will then cancel your booking and refund you in full.

As a matter of interest are there any reviews/bookings before your travel date? If so it may be found out earlier by others staying there.

[Danny432]

Will do, and there are several reviews before my travel date. However, many of these reviews seem to come from the same few accounts -- I did a bit of investigating and it seems that there's a group of hosts (including my host) all leaving positive 5-star reviews on each other's listings so I'm not sure whether I can believe any of the reviews. 

[Gordon0]

Not sure where this listing is, but Manhattan listings are often illegal, and that doesn't stop Airbnb from allowing them on the platform, @Danny432. Hosts will often ask you to say you're 'visiting friends' if questioned.

The fact that you've gone to the building management clearly won't go down well with the host, so I fear you have a bumpy ride ahead. 

Are STRs prohibited by the building, or the state?

Why not share the listing details here for some informed feedback? You don't seem to have used Airbnb before (at least you don't have any reviews) which might be why you waited until after booking before investigating?

[Danny432]

Have definitely read about the issues with NYC listings -- however, hearing from management that nobody currently lives in the apartment and that nobody with the host's name ever lived in the building definitely seemed to be out of the ordinary, even for a NYC listing. I know that the building doesn't allow Airbnbs, and that STRs are prohibited by the city, but it's the fact that I'm being asked to live in an apartment with no tenant after having been told by management that the listing is fraudulent that crosses the line for me.

I'd prefer not to share the listing details as, like you mentioned, my host probably isn't too pleased with me already, but I will add that there were several sketchy things (such as the fake reviews) that led me to question the authenticity of the listing. 

[Sarah977]

@Danny432  So if the reviews were sketchy, why did you go ahead and book the listing?  There is nothing wrong with sharing the listing URL here- guests and hosts do it all the time, so we can check whether the poster's take on something seems legitimate.

I would keep talking to Airbnb about a refund on this- say that you are uncomfortable with the booking after being told by the host not to speak with neighbors or building management and management telling you the listing is illegal. That you are not prepared to take a chance on getting kicked out.

As far as the host's name not being registered as a tenant, that's not especially odd- the owner of the unit and the person managing it are not necessarily one and the same.

Unless you made a long term booking, you do have 48 hours after booking to cancel and receive a 100% refund- has it been more than 48 hours since you made the booking? An depending on the cancellation policy in place, you may also have time to cancel and receive a refund even if 48 hours is past.

Since you are new to Airbnb, I'd give you a word of advice- unless a place has a string of great, believable reviews, as a guest, I would always send an Inquiry message to a host before booking. Sending an Inquiry doesn't obligate you in any way and things like not speaking to the neighbors, or other red flags, could become evident when exchanging a mesage or two with a host prior to deciding to book.

[Danny432]

Thank you for the advice, will keep it in mind for future bookings.

[Mark116]

@Danny432 

Let me understand this.  You have contacted the management for the building and they have told you that airbnb is illegal in that building, so you have absolute evidence that the listing is for an illegal airbnb, and airbnb refuses not only to take the listing down, but give you a free cancellation and refund?  Is this correct?

[Danny432]

Correct — I was just as shocked as you are. Even building management said I should try to get my money back as not only are Airbnbs banned in the building, but the apartment doesn’t even have a tenant currently. The listing is still up and the first customer support person we spoke to basically denied us a refund — we are waiting to see if we can try to reach another customer support person.

[Danny432]

We have also included all the email documentation in chats with Airbnb support, so its not like they’re going off our word alone.

[Helen3]

Contact Airbnb publicly on twitter and FB @Danny432 and ask them why they are refusing to refund your booking when your host is running an illegal Airbnb.

[Danny432]

Will try that, thank you! 

[Sarah977]

@Danny432 If you haven't already, make sure to "flag" this listing -go to the so-called hosts profile and click on "Report this profile". Get all your friends with Airbnb accounts to do so as well. The more reports they get of this being an illegal listing, the better.

[PaddySeventeen0]

@Danny432

This has all the hallmarks (false reviews, bogus profiles, "host" not known at address etc) of a classic bait-and-switch scam, multiple variations of which are unfortunately rampant on the Airbnb platform and to which Airbnb still continue to turn a blind eye, despite repeated claims that they are putting stringent measures in place to wipe these "bad actors" and illegal listings out. In fact, a UK consumer affairs show presenter recently managed to list (and book!) Airbnb’s own European HQ in Dublin on the platform, in order to highlight the ongoing prevalence of the issue, as can be seen in the link below.

Joe Lycett Confronts Airbnb Scammer

https://youtu.be/6LhbOKQnhBU

Even when these scammers are reported to them, the company will very often refuse to take action under the guise of either plausible deniability, or beind the shield of Section 230 of the CDA (Communications Decency Act). More information here

Illegal Airbnb Rentals

https://community.withairbnb.com/t5/Help/Illegal-Airbnb-rentals/td-p/1288419

All too often, Airbnb will attempt to deny the guest a refund, on the grounds that it's "nothing to do with them". Simply inform them that you're fully aware that this is a known and recurring scam on their site, and if necessary, send them a few of the links below to prove it. Advise them that you'll be taking your story to the media if they don't refund you in full with immediate effect. That should do the trick. 

Every potential Airbnb guest should acquaint themselves with these scams and be aware of the warning signs. Stay vigilant, and check host reviews carefully. 

I Accidentally Uncovered a Nationwide Scam on Airbnb - VICE
https://www.vice.com/en_us/article/43k7z3/nationwide-fake-host-scam-on-airbnb

Airbnb quietly shut down a top host amid scathing reviews, but hundreds of guests were left to stay with him
https://www.cbc.ca/news/canada/montreal/airbnb-montreal-aj-host-suspended-accounts-1.5252233

I stumbled across a huge Airbnb scam that’s taking over London | WIRED UK
https://www.wired.co.uk/article/airbnb-scam-london