Physically assaulted by the host

[Majdi3]

I booked a condo for a month and almost 3 weeks into my stay i heard a loud banging on my door,  a big guy who didn't even identified himself started using foul language and accused me of smoking inside the place. I tried to explain that any issues should be addressed thru Airbnb and he can schedule an inspection if he is truly the owner of the apartment i was renting. The host escalated his tone and became verbally abusive, threatened me with physical violence  and tried to force himself into the condo and as a result the door handle slammed into my lower abdomen and caused a physical injury and ultrasound was ordered by my family doctor. Upon contacting Airbnb they adviced me to leave the place immediately and they will refund the remaining days and a stay at a hotel.   

That experience left me terribly shaken to the point where i am taking anxiety medication as i don't feel safe anymore or falling asleep at night. There is no followup by Airbnb and the host's listing is still active as if i am expected to just forget about it and move on. 

I would like to get some feedback from the community if anyone experienced something similar, should i expect any action taken by Airbnb against the host and what should i do next? 

The host was acting like a raging psycho i wouldn't be surprised if one day he kills someone 😞 

[Emilia42]

@Majdi3 Are you certain the man was actually the host? and not a disgruntled neighbor? From the beginning of your post you sound uncertain. 

[Lisa723]

@Majdi3 If you haven’t already, please report the host’s profile to Airbnb.

https://www.airbnb.com/help/article/2020/how-do-i-report-a-message-or-block-someone-on-airbnb

[Anonymous]

@Majdi3  I can certainly understand that none of us think at our most methodically at the moment when we're experiencing something frightening and painful. When this incident occurred, your first priority would have been to get yourself to safety, and it sounds like Airbnb did the right thing by assisting you with this.

However, if you're looking for further action to be taken, it's a huge problem that you don't seem to know whether the person who confronted you was the host, nor whether they had a right to enter the home you were occupying. This is where a paper trail is essential. If your online correspondence with the host corroborates your claims, this should immediately go to the Trust & Safety department. If not, it's not going to be easy. Assault is a crime and as such it must be reported to the police. Airbnb can not conduct a criminal investigation but local law enforcement can; it's up to them to establish the identity of the person who confronted you, interrogate the host, and analyze the evidence available, should they decide to pursue it as a case. If you have already departed the city where you were staying, your window time window for this process may have already closed - in which case, your best option really is moving on and perhaps seeking therapy to help you through feelings of anxiety and trauma.

[Majdi3]

@Anonymous  @Emilia42  thanks for your input  

I had no way to validate his identity, he only identified himself by first name and the owner of the condo where i was staying. During the altercation a woman showed up that appeared to be with him, holding a garbage bag like she was cleaning another unit on that floor,i asked for her name and it was the name on the listing and the one i have been communicating with but again all i have is what they told me. I have asked the case manager if they have contacted the hosts and ask for their behaviour and got the scripted "it's being handled by another department",  as for their names, Airbnb told me they can only disclose that information to LE.

The place where it happened is my home town, i am not going anywhere anytime soon. 

[Anonymous]

@Majdi3 If you're currently residing in the city where you were renting an Airbnb, and you believe this person should be investigated for assault, as I said before, you will have to take this up with the police. 

For what it's worth, the identity of every property's owner is a matter of public record, so you can obtain this is you're pursuing a civil action. 

Airbnb will make their own decisions about how to approach the matter, but they aren't obliged to disclose to you what action they ultimately take, if any. Actually, by assisting you in terminating the booking and getting alternative accommodation they already fulfilled their obligations to you as the guest.  It seems to be your opinion that they owe it to you to remove the host's listing as a result of a single complaint. But it's not their job as a listing service to be a party to interpersonal disputes or retaliations.

[Cormac0]

@Majdi3 

Where you smoking on this host property? was it against the hosts rules or is it all about you?

I'm afraid I do not believe your version of events, did you refuse to let the Host enter and that's why the door was being pushed open and apparently hurt your ribs, what did you have to hide that you refused him entry?

What were the Hosts previous reviews like?

[Majdi3]

@Cormac0   would you let a raging psycho enter your home without knowing who he was ? Regardless of what i was doing inside the condo, civilized people would try to resolve the issue in a peaceful manner like calling me first and schedule an inspection or contact Airbnb and file a complaint or at least knock on my door, identify himself with a proof and express his concerns politely. Every Airbnb guest is entitled for safety and privacy, a host cannot enter the property whenever he feels like it so with all due respect you are missing the point, its your choice not to believe the story based on your own prejudice that guests are usually the perpetrators not the victims. 

[Anonymous]

@Majdi3  What you're saying is generally not true, unless a very specific local law applies. Unless you've been staying in the property long enough to acquire right of tenancy in the property's jurisdiction (3 weeks doesn't cut it anywhere), the owner/host absolutely can enter the property without your permission. If they have any reason to believe you are breaking the rules, they would be fully justified to eject you from the property on the spot without notice.  

At the moment the host revokes their consent  for you to be in the property, you would generally be considered to be trespassing. So in this scenario, if your physical distress resulted from attempting to prevent the owner from entering the space where you were trespassing, it's hard to see a viable argument that the owner was in the wrong. 

It is probably true that the confrontation could have been handled more calmly, but nobody gets to break someone else's rules and then tell them to calm down. 

[Cormac0]

@Majdi3 

Again you avoided the question I posed, where you smoking on the Hosts property in violation of the Hosts rules?

[Majdi3]

@Anonymous  Under Canadian law and i assume any country for that matter, physical or verbal assault won't be tolerated under any circumstances unless it was meant to prevent loss of life. 

Airbnb must abide by the laws of any country it chooses to conduct business in and Canada's laws are very clear regarding landlord/tenant rights and procedures taken when there is a dispute. For example, if the landlord suspects the tenant is breaking the law inside the property he must contact LE and they are the only ones with the authority to break into the property and investigate. If the tenant violates the tenancy agreement terms and conditions, the landlord has to give a warning in writing, if that doesn't help then they need to apply through court to evict the tenant.

What shocks me, even more, is that I didn't break any rules and just 2 days prior to the incident I contacted them and asked if I can extend my stay, their reply didn't indicate any issues whatsoever. I have no explanation for what happened except that the host had a really bad day and just wanted to take it out on someone. 

[Sarah977]

@Majdi3  But you aren't a tenant!  You are a short term renter if you have only been there about 3 weeks. Therefore the landlord/tenant act does not apply. 

You seemingly didn't understand a word of what Andrew wrote.

[Colleen253]

@Majdi3  Have you tried speaking to someone in the trust and safety dept? It’s good you left, and that Airbnb compensated you and helped you stay elsewhere. You should leave a review of your experience. Will you press assault charges against this person?  That is definitely a matter for the police. After you do that, Airbnb may accept a copy of your statement. You might look into that. 

[Anonymous]

@Majdi3  Much of your contention here is assuming that you are legally a "tenant" while occupying an Airbnb on a short-term basis. I don't know that this is true - it certainly wouldn't be in any city where I've lived. Without an established right of tenancy, regulations concerning warnings, notice periods, etc do not tend to apply. If you were staying in a hotel, for example, they would not have to follow any of the procedures you mentioned to evict you from the property. 

Whether the actions that occurred constitute an "assault" is also something even a legal expert is not going to be able to determine based on one person's  account on an online message board. If for some reason you've decided to try your case on Airbnb Community rather than go through local law enforcement, it's hard to take the issue as seriously as you would like. 

Bottom line is, you can argue your point here till you're blue in the face, but there is really no help that this forum can offer you. If you wish to pursue assault charges, you can only go to the police. And if you want to make your experience with the host public on AIrbnb, you have the opportunity to do so in your review of the host. 

I wish you all the best with finding housing in your hometown; in the interest of having a clear set of legal rights I strongly recommend doing so as a tenant with a long-term lease rather than a transient guest.

[Marie82]

@Majdi3 any guest who wants to book my space and live in the same neighbourhood is a big red flag for me. and especially if 30 days without valid reason and proof. 

You should have left the owner to enter to check the Condo, in general, for any host to go to their apartment in such a manner that means they have received a report from neighbours of something happening in the apartment. 

Not sure why u did not let him inside if you had nothing to hide? this is not your home, you are booked for a certain amount of time. Which does not give you a tenant right?

Smoking in an apartment listed as no smoking could have got you to kick out an maybe that the reasons u did not want him to enter?