Got a fine from the city because of guests behavior - Airbnb refuses to collect. Thoughts?

Ana-and-David0
Level 7
Fort Lauderdale, FL

Got a fine from the city because of guests behavior - Airbnb refuses to collect. Thoughts?

Not long ago I was fined by the city for unpermited gathering and exessive noise. It seems my guests had a party and neighbors called the cops and code enforcement. On top of it I was also fined by my HOA for exessive noise.

 

I submitted all of the paperwork (invoices, fees, hearing I have to attend in the city) and video recordings coroborating this event.

 

Unfortunately Airbnb refuses to collect these fees from either security deposit or host guarantee.

 

Does anyone have an idea how to fight this ridicilous situation. At this point I owe over $2000 in fees alone and everyone is playing dumb.

32 Replies 32
Paul154
Level 10
Seattle, WA

Sue the guests. Easiest if you have a copy of their license and address.

Even then you may not win. 

Lisa723
Level 10
Quilcene, WA

Shame Airbnb on their Facebook and Twitter feeds? Call your local newspaper? (Hopefully your house rules stipulate no parties...)

Of course they do. They even stipulate that they will get fined if they have a party.

Rebecca181
Level 10
Florence, OR

@Ana-and-David0 At this point I feel embarassed for Airbnb for abandoning their hosts in this way again and again and again and again and again. It seems that until a host blasts social media with their issues and/or goes to the media and/or gets a lawyer a host just can't collect what is due them, even in cases where the guest willfully and intentionally broke the Host's House Rules and/or violated Airbnb's own Terms of Service (as evidenced in multiple threads here on the CC). A deposit is technically collectible - Yet, often they simply refuse to collect it and cut the host off via ending all communication. Why? Oh yeah! To hold onto the money (silly me).  

Inna22
Level 10
Chicago, IL

@Ana-and-David0 Had the same exact same situation! Paid $2500 in fines plus attorney fees.  I first tried to submit for just up to limits of my security deposit for attorney fees, they said it does not cover legal. I then resubmitted as breaking my house rules and they said they spoke to the guest and he said it did not happen so it is not covered. And I of course have police report, city report and all the paperwork. 

@Paul154 I can not sue him because the fine was given to me. I can of course try to battle it in court, pay thousands in attorney fees and then maybe collect the judgment but may be not. 

Did anything happen in the end? Di any Airbnb department do something for you?

@Ana-and-David0 not only they did not do anything, my intire license is in jeopardy now. I have a hearing for that in two weeks. 

Thank you, @Inna22.

You clearly demonstrated what I wanted to say. Host is SOL.

We as landlords have huge legal and financial risks. Many laws are against us. 

We must protect ourselves and our property. No one else will. No one else cares.

As @David126 has pointed out one million times, Airbnb does not guarantee legal problems.

It is best to think of Airbnb as a billboard. A marketing tool where we can post our offering to the public. 

Yes they have this "Million Dollar Guarantee", but what really is it? Mostly window dressing.

Yes they have a great advertising gimmick "We are the world, We are all beautiful happy people"

But underneath it all, they are just a billboard for posting.

It is best for hosts to run this business as a business and mimimize problems, realizing no one else will help us. Tough love, but helpful.

Kelly149
Level 10
Austin, TX

Well, I certainly hope that this never happens to me (and I'm on-site so that helps maybe), but I do have guests sign a contract, I do get their actual ID and I'm prepared to sue them if ABB doesn't help. Small claims isn't expensive. Rental car companies (who of course have the benefit of having access to ccard info) charge renters for any parking tickets, toll road charges, etc that occur during the rental period so it seems that this would be an established pass through to a bad guest.

It might have been easier if you'd known about this during the rental. Perhaps if your neighbors were willing to call you before (or concurrently) calling the police?

That is a great analogy. 

 

Although suing them might be an option, let's face it, people who do this type of stuff are not of "highest echalon" and do not have $2000 just lying around. People who do, do not pull this stuff in the first place.

David126
Level 10
Como, CO

Well one by one.

 

1. The Host Guarantee does not cover this.

 

2. Effectively the Security Depost requires the Guest to agree, strikes me that it is outside of the terms of the Security Deposit but I would assume that AirBnB would have process the charges if the Guest had agreed.

 

3. Do you have a Legal case? Not sure. Playing Devils advocate could be said that the fines which were gainst you not the Guest was for failing to manage/ control activities at your property.

 

Anyway you need to seel Legal advice, please let us know what you are told.

David

2. Seems a bit silly. If you ask any experineced host I think that all of them would agree that probably 99% of the times guests do not agree to have their security deposit dinged. The number of reasons, stupid explanations or outright lies we got when guests broke something and we asked them about it is staggering.

 

3. I hear that. I just wonder what can I as a host do to prevent someone from doing something. Honestly. Can I prevent someone from starting a fire for example? No. Only thing I can do is use a fire extingusher if it does happen. Can I prevent someone from increasing the volume of the music? No. Only thing I can do I respond to the noise after it happens and ask the guest to turn it down. How can I prevent someone from having a party? By hanging at the door 24/7 and screening guests and inspecting their bags?

 

I do not know how reasonable that behavior would be.

Sam397
Level 10
Reno, NV

I am not familiar with the law or Air B n B policy on this so this may be a stupid suggestion, but why not sue Air B n B for the money.  Since they collect the deposit from the guest isn't it their responsibility to see that the host isn't out any money because of something a guest does. Being fined because of a guest action isn't any different than a guest damaging something. If you can prove the guest was responsible for the fines, and Air B n B didn't charge the guest for it, won't t that mean they breached the contract and will be liable themselves.    

I think this is a good point. You can start the Arbitration. My issue is that I have seen people who complain that once they start an Arbitration that their accounts get suspended. Since Airbnb has the right to "terminate an account for any reason whatsoever" you would be opening a can of worms where you might even get 2K back but lose all future income (and years of reputation you collected so far).