Nightmare 1st Guests - Multiple Rental Agreement Violations

[Janelle53]

Well, I didn't think I'd be here so early but here we go...

Currently have my first guests in our personal home which is also listed for sale in a high-end area of Chicagoland.  We thought ahead and requested a formal, signed rental agreement in addition to the standard AirBnB rental.  The renter was to provide a list of names of who is part of their party and ONLY those people are allowed on premises. No smoking, no dogs, quiet hours, etc. 

They arrived very late on Friday night and were up all night in and out of the front door all hours of the night into the AM.  In the early AM (5am-ish), they tampered with the security camera so we could no longer see the front door/driveway. However, yesterday AM was when the real fun started.  There was a revolving door of people in and out of the home.  It looked like 40+ different people in 8-10 different cars.  Tons of suitcases in and out that I lost count. All day long, 4 cars parked in the driveway/across the sidewalk plus down the street, loitering in the front yard, etc. We watched the security camera pretty much all day. The listing clearly states no parties or events. At this point we did notify AirBnB of the excessive amount of people and they "escalated" the issue.  We never heard back from AirBnB.

The renters finally left for an event about 8pm last night.  From what I could tell, there were about 15 people who got ready in the home and left for the event at about the same time together (3 different cars).  I assume all of those people had planned to stay there as they took no luggage out with them.  Around 1AM, they came back with additional people in tow and had an all-night party. People in and out literally all night and my phone was going off from the camera every minute or two. The camera was actually reflecting off the glass of my door so I ended up being able to see a bit of what was going on inside too.  People carrying pillows to the living room and such. Total free for all. 

This morning when I saw everything, I contacted AirBnB AGAIN, but again was getting no messaging responses.  At that point, I messaged the renter that their party was reported by the neighbors and also reported to AirBnB. At this point they immediately covered the security camera again so I turned on the camera's sound to listen.  It was hard to understand but the reservation maker sounded a little worried (rightfully so, he signed a document saying I could kick them out, forfeit what they paid and have the police come) while another person said something along the lines of, "What can they really do? Don't worry about it."

At this point I CALLED AirBnB, finally got someone on the phone. She was zero help and was supposedly the manager of the person the complaint got escalated to.  I tried to ask my options, told her I really just wanted them out at this point and she said they could do that but that they would get a refund for the remaining days. I was like, "Oh, I don't think so." Then she said she would review everything I messaged in (I made an online album and uploaded tons of screenshots/videos plus the agreement). This was over 12 hours ago and I have yet to hear back even after following up via messaging several times. I'm about to open a new case with AirBnB and ask them to re-assign that case to someone else. Anyone have such a hard time with getting customer service help?

Anyway, they have several agreement violations:

1. Reservation for 6-8 people yet had at least 40+ and 8-10 cars in and out for 36 hours. The rental agreement was very clear that no one outside of the ones on the reservation were allowed on site.  I didn't even charge them the extra person fee above 6 as an "in good faith" gesture. Home's max capacity is outlined as 8 guests.
2. No tampering with the security camera yet tampered with 2-3 times.
3. No smoking on premises. Camera caught someone leaving the front door with a cigarette in his mouth. I'm sure there was a ton of smoking on the front lawn so we'll see how many butts are around.
4. No dogs. Camera caught a dog in the front yard. Also overheard them talking about the dog’s size and breed just after the video was recorded.  I'm sure the dog was inside when that discussion was going on.
5. Quiet hours from 10pm-8am yet people were literally in and out of the front door all hours of the night to the point my phone was going off every 2 minutes. LITERALLY all night. They watched the sun rise. 

I think there was one more issue but my brain is tired at this point. I can only imagine what the neighbors across the street are thinking. They just moved into their $1.75M home a couple months ago.

Anyway, I haven't seen the potential damage yet and am worried for that.  But my main question here is how to go about charging some extra fees after they check out?  I could care less about a bad review at this point as I have the evidence to back up my story. I do not want to mention the fees I plan to charge until AFTER they check out as I don't want them to trash the house because they are pissed about fees.  Does anyone have advice here?  Is there any way to make them pay or can they just say, "Not paying it."  Is there anything I can legally do?

My thoughts:

1. There definitely needs to be an additional occupancy fee. My reservation policy and one he signed says $25/person/night for any guests over 6. Is there a way to do this AFTER they leave? If so, anyone know where I go?
2. The agreement also mentions excessive cleaning fees which I'm sure will be necessary.  We had the house set up for 7 guests plus a child but I'm sure there will be much more to clean and launder now. 
3. Security deposit was $500. I think that is self-explanatory with any damage but does anyone have feedback/advice? Is it hard to actually get anything from it?

Really appreciate anyone who read this far and has any advice. I'm pregnant and exhausted. This totally ruined our weekend and I'm worried it will continue after they get back from the wedding tonight. Trying to prep myself the best I can.  They are our first renters and we have 5 other reservations after them.  UGH!  So worried. Thanks in advance!

[Kath9]

@Janelle53, I am so sorry this happened to you. It can happen, especially when the owners do not live at the listing, but it is the exception rather than the rule. But the worse thing is that Airbnb does not take responsibility for it when it does. There are literally thousands of examples of this. The sad fact is that Airbnb does not care about hosts, full stop. And yes, your guests will probably get a refund if they are asked to leave. Personally, I would have called the police and reported the non-booked guests for trespassing.

Regarding any damages, make sure you carefully document everything with photos and notes before you clean up. Then you can send a request for money to the client through the resolution centre. This is unlikely to result in anything, at which point you open up a case with Airbnb. This is when you will need your photographic evidence as well as receipts (this is the annoying part because you don't have much time to open up a case and yet have to have all your receipts as proof of what it cost you to replace or clean things). Then, Airbnb will probably send you a very diplomatic message saying that they will pay out either nothing or maybe 10% of what you are claiming. They are known for this. The only time they seem to pay out is when hosts go to the media. So, my fingers are crossed for you that there is not too much damage and I really think you should get them out ASAP regardless of whether they get a refund or not. And, of course, review them appropriately.

Anyway, if you want to continue hosting (and I hope that you do), you will need to have your own back:

- You already have security cameras installed, so that's good.

- Do you have proper insurance that covers for STR? (Airbnb's 'host guarantee' is an absolute joke so forget about that).

- If you have Instant Book turned on, turn it off now.

- Only ever accept bookings from people with previously good reviews.

- Think twice before accepting bookings from locals and make sure that you vet young people closely.

- ALWAYS review people honestly because we hosts are all we have for each other.

Good luck with it @Janelle53. I really hope that your place is left in good condition. Please keep us posted on how you go.

[Janelle53]

Kath - Thanks so much for the thoughtful reply and great tips! Stressful experience for sure. 

We do have specific insurance for this through Proper. So “check” there. I will take off instabook now. 

Do you you have any insight with adding occupancy charges for having way more than the allotted people in our home? AirBnB did mention we could do this but I’m not sure how or if I have to do it before they leave. 

Frustrating about the deposit / resolution process. I was a sr data analyst for HP worldwide consulting for 10 years so I’m *very* detailed w data and documentation. Hopefully that works in my favor. I’m also not opposed to going a viral route 😉 

Will keep you posted on how it all goes. It is nice to hear from another host directly. Thanks again. 

[Ute42]

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@Janelle53 

You had everything very well prepared:

"The renter was to provide a list of names of who is part of their party and ONLY those people are allowed on premises."

Why didn't You call the police and have everyone evicted who is not on the list? That's trespassing.

Pls don't expect any help from airbnb. You'll be on Your own with all of this.

[Janelle53]

I am aware that it was trespassing and this was noted in our agreement.  However, I was really trying not to involve the police as I don't want them to fear that problem renters are a common thing in our neighborhood.  Going forward, I will be VERY stern from the beginning and vet, vet, vet.  I did vet this one's intentions and looked at his facebook and such but alas, it did not turn out well.  Last night they did behave. THANKFULLY!

[Ricardo741]

I honestly thaught my first guest was the worst, but your guest won the medal. These types of guests are almost certain of leaving the worst reviews regardless of how you threat them. Please just count this as a lost and a lesson learnt so that you are more prepare for future guests and also be tolerable. In addition, keep fighting Airbnb becuase doing so you will gain knowledge about their policy and tacks to deal with some of their dumb representatives and disgusting guest. There are some loving people to host so you can recover quickly. 

To fix the problem I would save all evidence and then speak to the main guest politly then handed them a copy. I would also give Airbnb a copy as well. The mere fact that the primary guest had signed an agreement, you can proceed with legal action incase mediation fail. Dont watch the money, nor your damage properties, just watch your life and those around you. Look at how you can improve your strategies hosting. 

Thanks for sharing.

[Paul154]

@Janelle53 

Sorry you were so abused. These people are terrible. 

I hope you can take this as a learning experience, take control and have great future experiences.

#1. There is little that Airbnb can do for you. They are an ethereal entity.

#2. Airbnb has their own policies. Specifically, if you kick out your guests, their prepaid rent for unused                     days is returned to them.

#3 Perhaps your contract gives you legal ability to sue and recover, but pragmatically I wouldn't expect                          much.

You will learn and take control of your assets. You do have a camera system - that's great. Now you need to decide to kick out bad guests like this and forego the revenue and/or call the cops.

Best of luck

[Helen3]

I am so sorry this happened @Janelle53  but somewhat puzzled as to why you didn't ask Airbnb to cancel the booking on the first night when they disabled your CCTV and far more people came than had booked, rather than letting these guests stay and continue to break your house rules and damage your property??

[Janelle53]

As I said, this is my first rental and I am flying pretty blind. I contacted AirBnB right away as I expected to cancel and keep the funds per the contract. Then they told me no. Then they told me they’d review the situation and get back to us with advice. Which they never did. I guess I expected more coaching/help from ABB and until I posted this didn’t realize that doesn’t exist. I still can’t wrap my head around why they seem to favor the horrible renters when the hosts bear all the risk?!? How can we change this? We should band together and take it viral.

[Femi-And-Victor0]

I will suggest you keep calling Airbnb till they are able to give you a definite response. To add additional fee for additional guest on your account, just follow the same process as you did in adding cleaning fees. Go to your listing - then booking setting - extra charges - extra guest. Hope this helps

[Janelle53]

I do have extra person charges set up. AirBnB has been trying to help but they need to talk to him before changing the reservation count which seems absolutely absurd to me considering all the evidence they have. This whole thing is so disheartening. 

[Jess78]

Like all the others have said, air will actually profit from the whole unfortunate ordeal by keeping their booking fees, the renters will reject any additional claims you make on them and they will be allowed to keep booking on air or make another profile, and you will be left holding all the damage and losses. There’s a slight chance you’ll be able to get $50 or something if there’s damage done and you’ve documented it.

My real advice: if you are to continue short term renting a whole expensive home is to get off Airbnb completely and do all your business through VRBO where you can actually collect the security deposit. Leave Airbnb to the private room renters. Whole home rental on air is inadvisable for this very specific reason. 

I think your best bet in recovering any money from them is to actually use the contract you had them sign (nice job!) and take them to small claims court. What a pitiful and sad fact it is that that is a more likely successful option than just using the security deposit, but there it is. 

[Janelle53]

I have considered the small claims idea but obviously hope it doesn’t get to that.

So VRBO is better? I originally had the property there but had so many issues with their platform and strange booking requests that I pulled it. It kept pre-approving people I did not approve and such. I got so frustrated that I shut it down and moved back to ABB. I really don’t want to maintain multiple platforms for this. 

At at some point, the home will likely sell for the dirt so this is to keep us afloat until then. 

[Beverly44]

I agree VRBO platform is not as intuitive as airbnb--and not smartphone friendly. Not sure about the pre-approval issue. That should be your call unless you have a preset that needs adjusting. I will say, their CS seems fairly responsive to newbies.  Like most hosts in my area, we have our cabin on 2 platforms. Good luck.

[Jess78]

@Janelle53 I’m definitely not saying that VRBO is more intuitive to use or has a better platform, but I’m saying that VRBO definitely lets you collect that security deposit up front and determine you’re self what needs to be kept, which is the exact opposite of the Airbnb platform. For that sole reason, VRBO is the better choice for a whole house rental— not having a security deposit on such a large investment has proven to be a stupid investment move on my part and I think unethical on the company’s part since they ask you to “set one”. It doesn’t exist.