Help! My brother is renting out my flat against my will!

[Petra174]

Dear all!

I own an apartment and I found out that my brother has been renting it out without my approval. He takes all the money as well. What should I do?

Can I contact Airbnb to delete his account?

Also, this thing will probably go to the court as he has been doing this for the past 3 years. I need to find out how much money has he earned and I wonder does Airbnb give this data out and in what circumstances?

Thank you!

Your help would be very much appreciated!

[Marzena4]

Hello @Petra174. I doubt Airbnb will share with you the information you need. So you can only sort it out as a civil case, or a fiscal one if your brother has failed to pay taxes.

[Derrick23]

I'm not a lawyer but it seems you should refer to your lease. If you don't have one, great. Either way I don't believe you would be entitled to any money  based on his bnb earnings.  But could evict him for lease violation.

[Rene-and-Zac0]

@Petra174 Tell Mom. 

[Marit-Anne0]

@Petra174

It is something you would have to sort with your brother - nothing to do with airbnb.  Anyone with a profile can list on their site.  

You can flag the listing to airbnb, but the only thing they can and might do is remove the listing and possibly removing your brother's account.

[Matthew285]

@Petra174, the main person you need to talk to is your brother.

He is taking advantage of you, and you need to stop him.

You are the owner of the apartment; change the locks and do not give him a key.

That should stop the AirBnb activity right away.

You should also talk to AirBnB directly to explain the situation. Ask them what you should do.

They may not have any constructive suggestions, but it could not hurt to ask and start the dialog.

I imagine AirBnB has the information you need about payouts, but probably would not be able to release it to you without a court order. Maybe talk to a lawyer about making a request to AirBnB.

Talk to your brother. And put your foot down.

[Clare0]

@Petra174, @Matthew285 is correct. You should contact Airbnb about this.  Part of using Airbnb's platform is to agree to Airbnb's Terms of Service which specificly require that all hosts have the necessary permissions from 3rd parties (in this case, you) in order to rent their space.  If the host is renting in violation of any 3rd party terms, Airbnb can and will remove the listing. 

Just so you know, here is the relevant section of the Terms of Service for hosts: 

"

7.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable)."

The entire Terms of Service is in this link: 

https://www.airbnb.com/terms

Hope this helps!