Illegal subletting of my apartment

[Geraldine118]

I have recently discoverd that my apartment in Abbotsored, Victoria, Austalia, is being illegally sublet on Airbnb. There are 24 reviews on the site, which is probably only a portion of the guests that have stayed there. 

https://www.airbnb.com.au/rooms/23422790?location=Abbotsford%2C%20Victoria&s=2kd90T6J

The lessees have an express condition in their lease to not sublet, however only yesterday, the managing real estate agent discovered and advised me that the property had been illegally advertised and leased via Airbnb since at least March this year. The lessees had indicated to the Managing Agent that they wanted to lease and move into the property as a lifestyle change, but investigations have shown that they have never lived there since taking the lease in late February 2018 and have used the apartment solely for the purposed of operating as an Airbnb lease. I was furious to learn of this illegal subletting. 

The lessess have been provided with an notive to vacate and immediately cancel all current and future leasings, which extend well into 2018. 

Airbnb referred me to resolve the matter with my tenant. However, I believe that they have duty of care to all potential clients to update their processes to check that the Airbnb host is either the legal owner or has permission to lease on Airbnb. I would never have granted such permission. 

[Helen3]

They have no duty of care they are simply a listing company. They should however pull the listing. I hope they have done this.

It is terrible that tenants do this. Obviously your next move is to seek eviction in line with your local legislation for them breaking the terms of your lease.

[Geraldine118]

Thanks. The tenants have been given a 14 day eviction notice. Despite contacting AIrbnb to state the facts and request them to pull the listing, they are yet to do this.  I will persist though until the listing is removed.  

[Roberta2]

Hi 

On the listing, under where you can add the dates and book the place, you can "report this listing"

Click there and make a formal request to ABB

Good luck

[Geraldine118]

Thanks. I have reported and received a response from Airbnb to take it up with my tenant. I have since sent them advice re the eviction notice having been issued and will see what they do.  

[City-Limits-Ranch0]

You might not be able to get Airbnb to do anything.  Once the tenant is out and the locks are changed the tenant will have to deal with the wrath of his guests not having access to the unit and with financial penalties imposed by Airbnb on him for cancellations.  You can of course continue to notify Airbnb that the guests are not going to have a place to stay and that they will be very upset and that Airbnb should be contacting them and refunding their reservations.  However, imagine if you were actually just a malicious person, striving to harm a legitimate host and Airbnb just took your word for it that they should cancel the host's account.  They would not be in the right in that case.

[Sarah977]

@CityLimitsRanch  Airbnb doesn't have to take someone's word for it. They need to have a requirement that when someone is setting up a new listing, that a copy of their house title, if owner, or agreement with landlord to list if a tenant, is required before the listing can go live. There is way too much of this happening everywhere and if they can ask for verification ID, they can also ask for proof of ownership or appropriate lease agreement. It's outrageous that they allow listings to stay up which are proveably illegal.

[Geraldine118]

Thanks and I agree with this. We were horrified to see our property listed and having hosted so many people over the past few months without our approval. Airbnb just said that it wasn't great, but to take it up with our tenant. 

[Geraldine118]

Thanks for your reply. I do fear that there will be people who will turn up after the eviction. I can see that are bookings taken on the site well into 2018 and still open for booking at the moment, yet the eviction is effective in 2 weeks. I feel real empathy for these people who will not be able to access the apartment and I have taken steps to try to warn Airbnb and asked them to notify all forward bookings, but they are not responding. 

[Sarah977]

Have you tried telling airbnb that any guests arriving at the apartment will be considered to be trespassing and the police will be called to remove them if they don't leave on their own volition? And I assume afterthe tenant is successfully evicted the locks will be changed.

[Geraldine118]

 Thanks. Appreciate your good advice and will take this on board. Locks will be changed.

[Steve2795]

Exactly the same is happening to me, Airbnb do not give a stuff, the only difference that the host, sorry superhost, is not paying his rent to me due to COVID, and is in arrears for $10k, and refusing to pay.  I have done all I can, they have been issued a 14 day termination notice and I have commenced police action as he has supplied me with fraudulent documents to apply for COVID rebates, this is the listing -

https://abnb.me/cRgZoviRBcb the hosts name is mark allen