Violated house rules and collecting security deposit

[Irene93]

Hello All,

My most recent guest has left my driveway and entrance way littered with cigarrette butts.  It clearly states in both my house rules and my house manual that there is a strict no smoking policy and also states that the damage deposit will not be refunded if there is evidence of smoking.  They also left an obscene amount of empty alcohol bottles behind, seems like way too much for four people that checked in a 8pm and left at 11am the next day.  I gues it is possible that only four people were here but it appears as though there was a party.  Also not allowed according to my booking restrictions.

This is my first negative experience and I'm really dissapointed. 

My question is, if I request the security money from my guest, can they then retaliate by leaving me a negative review? That doesn't seem fair if they can as I took great care in preparing my place for their visit as I always do.

I also can't find any sort of contact airbnb info, like a phone number or email or anything at all.

I would love some advice.

Thank-you,

Irene

[Richard494]

My listing states that guests will lose their security deposit if the cause a disturbace that causes complaints from the neighbours, but Airbnb have refused to back me on such an issue, when guests woke up neighbours when shouting and swearing outside the house. I'm trying my best to manage potential situations with guests, but my treat to withold a security deposit is a toothless deterent if Airbnb won't back me. This will only lead to more local autorities taking regulatory action against hosts.

[David126]

Apart from anything else such a fine would be illegal in the UK.

[Richard494]

I've consulted a solicitor on this issue and was advised that if it was clear in your booking terms that the deposit would be with held in the instance that the neighbours were disturbed (and mine is), and that the guests admitted to the disturbance (which they did), then the despoit could be lawfully witheld. Why do you say it would be illegal to withold the deposit in the UK?

[David126]

Basically in the English courts, Scotland can be different but probably not in this case, the Courts do not allow you to impose fines, damages is another matter. Fines are for the Courts.

For example penalties in a contract for late delivery have to reflect your losses not just be a fine.

All this is of course moot as you do not hold a Security Depost when using ABB.

I expect the Solicitor also told you not to bother trying to pursue the matter, even if you held a Deposit and had such a clause I would expect a Tenant to prevail if they took it to Small Claims Court.

This is Common Law, can not imagine anything has changed by Statute. I would be interested to understand the reasoning behind the comments not would not be wort your money getting it.

[Becky239]

I am a fairly new host and just found out that we are totally on our own with no support from AirBnB when dealing with guests who know how to abuse the system.  I set a security deposit of $300 on my listing; it  should be exactly that - a DEPOSIT like the one I take from my non-AirBnB bookings - but I realise now that it does not exist. I claimed through the resolution centre, lodged a complaint, the guest ignored all messages from AirBnB, he has a fake identity and fake phone number and still AirBnB will not charge him $110 for an extra guest who was not booked in. I have been asked for "proof" - as if I should photograph my guests which would be  a serious breach of their privacy! If they took the money from the guest and he did not think that was justified he could get in touch - but this one has gone silent because he knows exactly how to rort the system. So much for this "community of trust."

[Marci5]

Becky,  sorry you are going through this.  I've been through trying to get "deposit" money for damages to my place (a duvet ruined by grease stains) and also found out that it is not really a deposit because they allow the guest to dispute it (of course she denied it). I had proof with photos and receipts and eventually I did get most of the money I requested, but it was such a hassle and not worth it for $80. A deposit should be exactly that - money we have access to in case of damages, but in fact that's not what it is. Frustrating!  On top of that, they allowed the person to leave a very negative review, after she had been informed of the damages claim, and that review is on my listing to this day! 
This happened a few years ago and I'd hoped Airbnb would be more helpful to their hosts by now.  
My only suggestions are: 
-  You can make your reservation settings so that the guest has to have several verified IDs and at least one positive review.  The reviews can be misleading because sometimes the review is from when they were "part of a group" so it's not specifically about them. 
- You can ask potential guests for more information about themselves before booking. 
- List your property with more than one service. My experience with Airbnb is that they are not there for hosts when things go wrong.  

[Becky239]

Thanks. I agree with you about verified IDs - this guest did not have one so I learned that lesson and that is non-negotiable now. I rent a whole holiday cottage and take most of my bookings directly. We used to use Stayz but that became a disaster when it was taken over by Homeaway who totally messed up the hosts' back-end system. It is so easy to find us on Google and book direct that I really don't know why people pay $100 more in AirBnB fees for just a 2 day stay - I guess that the guests feel more secure though as hosts we are not. If they come direct I can actually take the security deposit and it is amazing how few problems you have when you are holding people's money!