Convicted Felon Rented My Property, 2 More Felonies Committed During Stay!

Matt636
Level 1
Phoenix, AZ

Convicted Felon Rented My Property, 2 More Felonies Committed During Stay!

Hey Host Fam,

 

I recently had a guest stay at my property. Upon returning, my place had been trashed and 2 felonies in the theft category had been committed. Local police informed me that my guest is a convicted felon with multiple outstanding warrants for their arrest! There is an open police report for said felonies committed at my residence.

 

This is disconcerting for multiple reasons, but the most glaring oversight/negligence on the part of Air BnB is this- the individual is a verified member on the site, with a profile that goes back to 2018. They used a real picture of themself, actual government ID, their real last name, and real phone number- all of which match up with police files!

 

How is this person able to have an account on Air BnB!!!???

 

I am in the process of completing the damage and compensation report, but I'm legitimately concerned with my security and safety here. At least 1 felon with active warrants knows where I live and what I look like. At a minimum, I need to upgrade my security system.

 

My question to the forum is whether there is any precedent with a case like this. Did AirBnB reimburse the host for the security upgrades? Emotional distress or the like?

 

In the meantime, AirBnB needs to address upgrades their security software to prohibit criminals like this to create/maintain and account.

 

Thanks in advance

2 Replies 2
Sandra126
Level 10
Daylesford, Australia

Airbnb doesn't run any checks, just that the member has provided id as described  etc. That is all.

Alon1
Level 10
London, United Kingdom

@Matt636 @Sandra126 

 

Matt,

 

I'm not convinced Sandra has given you a full and proper answer, certainly not for USA.

 

Please see below copy from Airbnb 'Help'.

 

Does Airbnb perform background checks on members?

If we have enough information (usually at least the user’s first and last name, plus date of birth) to identify a guest or host who lives in the United States, we check certain databases of public state and county criminal records, as well as state and national sex offender registries for criminal convictions and sex offender registrations. If we have enough information (usually at least the user’s first and last name plus date of birth) to identify a guest or host who lives outside the United States, we may, to the extent permitted by applicable laws and to the extent available, obtain the local version of background or registered sex offender checks.

We also check the OFAC list (which includes terrorist designations) for all users that transact on the platform. Background checks are conducted for us by our approved background check providers.

Although background checks may help identify past criminal conduct where records are available, background checks don’t always identify a person’s past crimes or other red flags, they are never a guarantee that a person won’t break the law in the future. Due to the way certain databases are maintained, there may be gaps in the coverage provided by public records searches, and the online databases may be only updated periodically by local governments which we do not control or direct. Results of these database checks may not reveal or include include recent criminal record activity.

No background check should ever be relied upon as the sole indicator of suitability. You should always exercise your own judgement about whom to interact with and follow other sensible safety tips.

How does Airbnb conduct background checks?

As discussed above, we currently check certain databases of public state and county criminal records, as well as state and national sex offender registries on U.S.-based guests and hosts where we have at least an accurate first and last name plus date of birth. If we have that information, we submit it to one of our approved background check providers, which checks the user’s identity against public records of convictions and sex offender registries.

If we have enough information (usually at least the user’s first and last name plus date of birth, and government-issued ID number where applicable) to identify a guest or host who lives outside the United States, we may, to the extent permitted by applicable laws and to the extent available, obtain the local version of background or registered sex offender checks. To the extent we do this outside the United States, we will use one of our approved vendors, which checks the user’s identity against available local databases.

We also check the OFAC list (which includes terrorist designations) for all users that transact on the platform.

What are some of the limitations of these background checks?

Although background checks may help us identify past criminal conduct where records are available, they have several limitations, and do not guarantee that all past criminal conduct has been identified or that a person won’t break the law in the future. For example:

A. The scope of our search is limited

We only run these checks on U.S.-based guests and hosts when we have at least the user’s first and last name plus date of birth. We do not have these identifiers for all hosts and guests and therefore cannot guarantee that we have conducted a check on every host or guest. In addition, we are not conducting these checks on additional guests staying with the guest who books an accommodation. In this case, only the guest who books that accommodation will be checked as part of that booking, when we have the necessary information.

Even where we have the necessary information, these checks only work where the users have accurately given us their full, correct legal name and date of birth. Likewise, we cannot guarantee that users who provided us full information gave us information that is accurate or belongs to them.

While we aim to refresh these checks periodically for active users, we may conduct these checks only once per user, and a check may have been conducted months before your interaction with the user.

In addition, for users who live in the United States, we do not always check every state and county courthouse records and other criminal registries or other public databases (such as but not limited to Moving Violation Reports (MVRs) and Driving Records). It's important to know that the criminal record information searched and reported for each type of check varies by state, and sometimes county, due to variations in state laws and state and county criminal record reporting systems.

Lastly, because of differences in foreign laws, language, and the manner in which foreign records are maintained and reported, we may not run background checks on users located outside the United States, and even if we do, the scope and accuracy of coverage may vary.

B. Search results may be incomplete

The databases we check are not necessarily complete, and may not include records of prior criminal conduct. For example, not all criminal records are public in all states, not all criminal records are captured by the databases we check, and convictions and records of crimes committed outside the country where the background check is conducted may not be included. Also, as determined by applicable law, public records databases may be limited to records of conduct that took place a certain number of years prior to the date of the check (for example, the prior seven years in certain U.S. states). We cannot guarantee that the limited background checks we conduct will identify all past criminal convictions or sex offender registrations by a guest or host. Therefore, you should not rely on another user’s completion of a background check as a guarantee that the user has no criminal background or other red flags.

Finally, criminals may circumvent even the most sophisticated database or search technology.

C. Search results do not guarantee safety

In sum, while we hope these user vetting tools will be useful to help protect our community, they don’t always identify a person’s past crimes or other red flags, cannot guarantee that a person won’t break the law in the future, and are never a guarantee of safety or that a host or guest who has completed a background check is safe or safer than any unknown person you may meet in any other way.

You should also not rely on background checks as a replacement for exercising your own judgement about whom to interact with or as a replacement for following sensible safety tips.

What are the crimes for which you remove users from the platform?

Users with serious criminal histories may be removed or referred for further review if our checks show convictions within a certain time period.

Less serious convictions will never result in removal (such as disorderly conduct or marijuana possession).

Some other crimes may result in removal for a period of 14 years (such as felony burglary or felony larceny) or seven years (such as fraud or property damage) from the date of conviction.

Severe crimes may result in removal for a longer period of time or even permanently (such as murder, terrorism, rape or child molestation).

Will a background check cause a delay for guests booking a listing?

For some last-minute reservations, background checks may delay booking a listing. This can happen when a reservation is made within 48 hours of the home’s latest possible check-in time and a guest has a criminal record, but the offense is for something that isn’t against our policies. At that point, the reservation will be held in pending status, as we confirm additional background check information. After that’s completed, we’ll let the guest know if the reservation can be made or not.

Guests also have the option not to wait for the confirmation and cancel the reservation free of charge, as long as it’s done before the reservation is confirmed via email.

What safety tips should I follow when interacting with a host or guest?
  • Get to know your host or guest when confirming—and before the start of—their trip or experience via our Platform. We provide various tools to enable you to do so, including reviews from other members, Verified ID or other identity process, on-platform member messaging that lets you message the host or guest while anonymizing your real email address for additional privacy and account security, and reservation requirements that hosts can set for their guests.
  • Protect your finances by paying only through Airbnb’s secure payments platform and by protecting the privacy and physical security of your financial information, including your social security or other tax ID number, your date of birth, credit card and bank account information, and government issued IDs.
  • Be cautious when sharing personal information, like your email address, phone number, home address, place of work. Instead, use Airbnb’s on-platform member messaging.
  • Keep a clear mind and avoid doing things that impair your judgment.
  • Consider doing a web search and checking public government databases such as the U.S. federal or state sex offender registries for the name(s) of anyone with whom you interact offline.
  • Please report any users who violate our Terms of Service to us. Examples of users who violate our terms of service include:
    • Users who ask you to send them money outside the Airbnb payments platform
    • Users who send you harassing or offensive messages
    • Users who behave inappropriately online or at a listing
    • Fraudulent registration, user profiles, or listings
    • Users who otherwise create a safety risk
  • Tell a friend or family member of your travel or hosting plans.
  • Know the contact information for emergency responders in the city of your listing, and keep that handy in case you need it.