Can hosts enter units during a guest's private stay?

[Kathryn70]

Hello - I have emailed AirBnb but have not received a response. I recently rented an AirBnb for 1 month. I vacated early (and in fact did not even spend one night in the studio) due to a few issues (complete and total lack of anything in the studio with the exception of a twin air mattress on the floor). I phoned AirBnb to let them know the situation and in attempt to get a refund (it didn't work). I told AirBnb that I vacated the studio and they apparently passed that information along to the host. I did not attempt to cancel the reservation in case something came up and I needed to go back there and also due to the strict cancellation policy. A few days after I vacated, I realized I left three pairs of shoes in the closet. When I went to turn in the keys at the end of the month and retreive my shoes, the shoes were missing. I contacted the host who said "I sent a cleaning crew in a few weeks ago, they must've thrown them out."  She has not offered to reimburse me for the shoes that the cleaning crew threw out because I don't have receipts. 

Is the host 1. allowed to enter the property or 2. allowed to enter without notifying me? 

Thanks. 

[Tania-and-Andrew0]

It really depends on the description, in the end its their property and should be allowed to do whatever; on long-term rents these types of things must be talked out.

What surpises me the most is that Airbnb did not assist you in finding you a new place, did you call the number? Was the listing's description accurate??

[Kathryn70]

Thanks for your response. The pictures on the listing were misrepresentative of how the studio actually was. When I contacted AirBnb to advise them of the situation, they gave me a $100 credit but did not take any further action. I do take responsibility for not contacting the host before hand to determine EXACTLY what would be included, but I honestly didn't think a pillow, a hanger in the closet, or a glass in the kitchen would be considered an "essential," especially when the photos showed the studio with those items.

That issue aside (since it clearly will not be escalated or addressed any further) I am trying to determine if the host violated any AirBnb policy by sending a cleaning crew into the unit without telling me while I still had it booked. Thanks!

[Karin151]

No they should not be able to. Contractually they have agreed to let you use their listing as your home and is subject to the same privacy as you would if you had a lease agreement, which you do. They must ask for permission and be granted said permission. They are not allowed to just enter your home when they want, just like a landlord can’t enter your home if you rented their apartment. 

[Eduardo681]

Maybe in third world countries like in South American, African and some Asian. In any evolved and civilised society when you rent an apartment even for a few days the tenants have rights and one of them Is privacy. That means not entering ever without the tenant consent or maybe I would be having sex with my wife and the landlord can come in and watch.. 🤣 Some people are simply not smart enough to achieve common sense. 

[Sandra126]

If the host knew you had gone, they will have needed to go in even if only to check that things are turned off, doors locked etc. They cannot rent out again unless you have officially cancelled. It is a bit tricky because you were still paying the rent, still had keys etc. The shoes should not have been thrown out in any case, at the very least they could have been handed to you when you returned the keys.

Hosts should always give notice to tenant that they are entering, yet they thought you had vacated??? I have no real advice, was there communication between you and the host?

Most importantly: was the property as advertised?

[Kathryn70]

Hi Sandra- 

Thanks for your response. I'm just going to copy and paste the same reponse I provided to another person, since you are asking similar questions.

The pictures on the listing were misrepresentative of how the studio actually was. When I contacted AirBnb to advise them of the situation, they gave me a $100 credit but did not take any further action. I do take responsibility for not contacting the host before hand to determine EXACTLY what would be included, but I honestly didn't think a pillow, a hanger in the closet, or a glass in the kitchen would be considered an "essential," especially when the photos showed the studio with those items.

That issue aside (since it clearly will not be escalated or addressed any further) I am trying to determine if the host violated any AirBnb policy by sending a cleaning crew into the unit without telling me while I still had it booked. Thanks!

[Gerry-And-Rashid0]

"I did not attempt to cancel the reservation in case something came up"

This means it will be close to impossible for you to get a refund as you admit you held on to it just in case you needed it. Either it was not fit for use, or it was, you can't really have it both ways. You should have cancelled immediately and contacted AirBnB to explain why. You realised after 3 days that you had left behind shoes, and then left it 3 weeks to go find them. Yet you knew that the host had been told you were vacating the property.

So it's a bit of a muddled story - either you vacated and  cancelled and claimed a refund. Or you kept the property and did not ask for a refund. You can't have it both ways.

The host is under no obligation to keep property left behind and the instruction to a cleaner to get rid of anything left behind is quite normal.

[Kathryn70]

Thanks for your reponse. When I learned I wasn't going to get a refund that's when I decided I wasn't going to cancel the reservation. Which brings me back to my point - I did not cancel the reservation and I was paid through the end of the month. I could totally understand the host allowing a cleaning crew to enter the apartment IF I had canceled the reservation but she had no way of knowing whether I returned to the apartment or not.

I understand that the cleaning crew would dispose of anything left in the apartment AFTER my check-out date, but to enter the space and discard of my personal belongings DURING my reservation, whether I was saying there or not (again, the host had no way of knowing if I was back in the studio), seems like it must violate some policy, especially without receiving any kind of notice from the host that she was sending them.  

[Maria-Lurdes0]

I wouldn't dream of entering a guests private space without their consent unless it was a real emergency.  However, something is not sounding right to me, and I'm sorry that I'm not able to articulate it.  If it had been you booking my studio, and you left after a day and I got the impression that it was because you weren't satisfied....I'm not sure what I'd do.  I'd be pretty peeved if there were things that could have been easily addressed and I wasn't given the opportunity.   I couldn't pick up my studio and move it to another location, but I could swap out a bed, buy a microwave, fix a step, ensure wifi was working, etc.  

Sounds like some of the things that weren't in place could have been solved with a 30 minute trip to a dollar store, and if cleanliness was an issue I'd want to know so that I could go do the cleaning myself.  

I probably would start to consider how to cut my losses.  Most hosts here will have had situations where cancelled bookings should not have been refunded, but mysteriously, the guest does get a refund (even after some time) leaving the host holding the (empty) bag.   

If it had been me, and I thought that you were cutting bait and leaving to go find another place, I'm most likely to clean the apartment and try to rebook it. Three pairs of shoes?   Don't care, I'd toss them.   I wouldn't feel any obligation to hold your property if you hadn't given me the consideration of communicating to try and make things right.  

Maybe not on Airbnb where the calendar would be blocked, but perhaps a private booking or on another platform.  The worst situation for me would be keeping your booking active and holding the place for you, and then Airbnb deciding to refund you down the road, so I'd lose twice.    

I'm sure this isn't what you want to hear, but it's input from a host with a lot of experience dealing with all kinds of odd guest situations.

[Kathryn70]

Thanks for your reponse. I appreciate hearing from a host's perspective. I can understand you wanting to rectify the situation. When I spoke with AirBnb, they very clearly took the host's side and told me it was my own fault for not reading the property description fully (again, I didn't think that a pillow was considered an "essential")and I figured (correctly) that the host would not be willing to make any purchases for the studio (which would have been numerous if she attempted to get the studio to the standards shown in the pictures). 

I am just trying to find out if there is a policy that AirBnb has in place that says whether if and under what conditions a host can enter a property while it's rented. I just can't understand why she thought it would be OK to enter the property without telling me while I was still booked there. While AirBnb told her I had vacated the property, how was she to know that I hadn't gone back? 

Thanks again for your feedback.

[Catherine232]

I just ran into a situation, which, while different, does address the specific question. To cut a long story short, I currently have some quite demanding guests who have been using the rather expensive and matched linen, from bed, couch, and bathroom to block sunlight in windows, jam in exterior door etc. If it was just a few days I would probably leave it, but they are here for another month. Today, after having had a long, and I thought clear conversation asking them not to use the expensive furnishings in the manner they had been, my husband found one of the towels draped over a door which was shut on the towel leaving it half inside and half outside. He was totally fed up, so went inside, removed it, and sent them a note.

They wrote back saying we hadn't mentioned towels and furthermore it was against the law for us to go in without notifying them. I am so stressed by the many demands (have already spent close to $300 to install safety gates and buy a special fan for their child) and having to discuss points that seem completely obvious to me, and then to be accused of breaking the law and stressing THEM (they have already permanently stained some of the bedding) that I phoned Airbnb to clarify our rights.

I was told by Airbnb that the guidelines were whatever had been set at the time of the rental. Well, we don't usually have this kind of situation, and had no specific guidelines. We do now!

Not exactly an answer, but some information from the horse's mouth, so to speak.

[Grayson1]

In my view, this depends on the laws in the locality where you are renting out/hosting.      In the UK there are specific provisions which protect a tenancy, but in no way does an airbnb reservation reflect a tenancy.    In fact, in the UK there is nothing in law to prevent a host from entering any place that a guest has access to.   For a guest to pretend otherwise, is not to understand or know the law of the UK.   Furthermore, if the host/landlord actually gives up the right of access somehow, then he/she is in danger of handing a tenancy to the guest/tenant/lodger.

So how is the guest protected.   As far as I am aware, ONLY by means of promises from the host (if these are made) and also by means of the guest's right to leave and review the host.   That is it!

I cannot comment extensively on Australia/Canada/USA.  Check the local laws.   

But as an analogy, reflect on what would be considered standard or normal behaviour in a hotel or a bed & breakfast establishment, in your locality. 

re the original complaint.   I would have recommended taking photos of the property and submitting to airbnb, along with immediately cancelling the reservation (taking the strict cancellation penalty on the nose, potentially) and putting the dispute into arbitration.   This would have allowed the host to rebook and given you the most chance of a full / partial refund.    In any event, if the photos diverged dramatically to what was presented on the first day, you would be able to get a refund, no matter what your first contact at airbnb said.   Above all, next time, "put it in writing" should be your watchword.    I admit I found it slightly ambiguous what you were saying about "essentials" being a pillow.

Of course, an airbnb host might rent out a space on the cheap, without beds, and if the listing did not reflect any beds, then you may have had an argument debating whether the photos reflected the actual listing variables.

If you had the booking and were not refunded, in the UK, your host would not be entitled to throw away anything without giving you notice, and would be potentially subject to an accusation/complaint of theft at the nearest police station.   

Hope that helps.

[Cathy172]

@Kathryn70It's a little late, but this type of host makes me sick. Sorry to hear of your experience.

[Justin299]

We're in Croatia right now and my wife was thinking she was crazy when we left the apartment porch door open and came home to it closed. And then it happened a second time. Mind you, we're on the 2nd floor with no access to the back porch (except the landlord next door). She was inside alone today with the A/C on (because it was hot) and the host's mother just walked in through the back door all Willy nilly... Hell NO! My wife was just standing there in her bra like, "WTH is going on?" They're extremely nice people, but that's invasion of privacy in ANY language! As far as the original post on this thread, I think you have zero case here. You should have immediately notified the host and air bnb that the place wasn't suitable. And you left your shoes in there. We do sweeps of the place before we leave just to make sure we don't leave anything. This is our 12th stop on a 6 month eurotrip. Gotta be thorough. Some places are good some are shady. Do your due diligence though.