Using the Security Deposit for Violation of House Rules

[Maria246]

Hi all - I am a new host this summer. We have some very strict house rules because we use our summer home frequently throughoutthe summer, in addition to renting it out to guests. We want to know if anyone has any experience with using the SD for violations of the house rules, such as staying beyond the checkout date/time, smoking in the house, leaving the house excessively dirty. We have each of our guests sign and return a Rental Agreement that includes the House Rules as an addendum. We figured this would help us to have something in writing and signed in the rare case we have a problem. Does anyone have any experience in this area? 

[Stefano47]

Hi,

yes, I have the same situation and I one case I asked (and obtained) Airbnb a refund from the security deposit of a guest who had smoked in the apartment despite it is strictly forbidden (and clearly advised). The refund was given to the next guest who had complained for the unbearable stink in the master bedroom.

Kind regards, STefano

[Maria246]

Hi Stefano - That's very helpful. One quick question - did AirBNB send you the money form the secuirty deposit and then you gave a refund to your next guest due to the smell (as a concession)? 

[Kris12]

I don't have a security deposit on my apartments, but I let every guest know, that if they break the rules, they will have to pay for it. And as my business is in Thailand, tourists don't want to get in trouble with local business owners, so they usually just pay up. Not that I take advantage of this, I just don't need to do the security deposit.

But it works out the same. If they check out late or if they want to check in early, they pay extra. If the smoke inside, they pay extra for the cleaning. If they break anything, again, they have to pay.

Especially the smoking is a problem, a lot of guests won't respect this. But Airbnb will side with you, if they break this rule, and they will let you take the extra cleaning out of the security deposit.

[Sunday0]

I have personally come across this problem a few times. Recently as well.

ABNB doesn't actually take a security deposit for you. Even if you request it. Nor

will they allow you to take one either. When you come across this problem

with guests not respecting your property, and or not following the rules, you basically

get someone from ABNB to handle it for you, and they are not host friendly.

They will 9 out of 10 times side with the guest. They also expect you to jump through hoops, prove

everything your saying with 48 hours of reporting. There are certain things they won't even

consider as proof. Basically it's a real pain. I advertize on other sites where I'm in control.

I can send a agreement out to be signed, and collect a refundable damage deposit.

I have found that ABNB guests are far more careless because of this.

[Maria246]

So do you have any advice? We have all of the guests read and sign a Rental Agreement that incorporates the house rules into the Agreement. We have them expressly agree that they will allow us to use the deposit if they break a house rule, such as excesive dirtiness, unauthroized late-check out, etc. In a legal sense, we think that covers most issues in our state (Maryland). But, again, any advice in your experience would help! 

[Maria246]

That makes sense. We have out guests sign a Rental Agreement that incorporates the rental rules and have them expressly agree that we can use the deposit in the case that they break a rule (late unauthorized checkout, excessive dirtiness, etc.). Do you think that makes sense?

[David126]

I think you need to look at what the Security Deposit is, you seem to think you can use it as a penalty. It is basically for repairs/damage caused.

[Maria246]

Yes, I understand that it includes damage to my property. But, under the law of my state, a security desposit can be used for other things in addition to physical damage, such as excessive dirtiness, late check-out, breaking of parts of a lease agreement (material breach). So are you saying that we can't use a deposit for other material breaches of our house rules? 

[David126]

I would assume that a security deposit outside of ABB and under the laws of your State etc could be used like that.

But the ABB security deposit is subject to the ABB rules.

[Nino8]

I've been trying to reach airbnb regarding my security deposit but to no avail. Did anyone got security deposit for damage let me know.. how can i proceed?

[Andrea9]

@Maria246 @Nino8 @Sunday0 @Kris12 @Nino8

Hi, this conversation has been a while back.

Don't know if you're aware of the Host Voice that's supposed to be monitored by Airbnb for improvement suggestions.

I added one on Airbnb's better handling of smoking issues:

https://community.airbnb.com/t5/Host-Voice/Better-host-protection-after-guests-breaking-house-rule-S...

Why don't you give it a thumbs up so it gets more importance with Airbnb.

[C-C0]

I'd like to charge $35 for the room, $1,000,000 security for the aggravation and give them a list of grievances in writing upon checkout.