Smoking in a Non-Smoking Rental -- Damage payment recovery

Smoking in a Non-Smoking Rental -- Damage payment recovery

As an AirBnB Superhost, I work really hard to provide the most clean, comfortable, and beautiful home in my local area. I have been really fortunate to have amazing guests from all over the world.

I have an actual BnB, a historic home…filled with art and antiques. I take pride in it being super clean and work hard to keep it that way. My listing states that the home has not had pets in it for over a decade and no one has smoked it it for at least 15 years. My listing also states that anyone violating the no pet/no smoking rule will be held responsible for ALL expense required to bring the home back to allergen free status.

So, a few weeks ago, I showed up on a Friday morning to take out the trash (city trash pick up day) and was hit with the overwhelming smell of cigarette smoke. A quick search revealed cigarette butts in the dining room, living room, and one bedroom with soda cans being used as ashtrays. I took photos, called AirBnB, and had them cancel the reservation and tell the guests to come get their belongings.

I bagged all the “evidence” and then set to cleaning —- all linens, blankets, towels into the wash —- windows open (90+ degrees outside with a small breeze) and I set up box fans and dropped the AC another 10 degrees — and turned on all the ceiling fans too.

The guests returned and were just evil to me in their words and insults (I sat quietly and just let them be jerks — they were trying to get me to fight so THEY could complain and I didn’t give them the satisfaction)

I then put baking soda carpet powders on all the carpets….and I removed all the curtains to run them through the dryer with odor absorption sheets to neutralize them.

I went through 2 large bottles of “febreze” fabric fresheners on the sofas, beds, chairs, etc. All throw rugs went outside to air and then also were treated with baking soda powders.

All told ….I spent over 10 hours cleaning and neutralizing the home. I should have requested over $500 for my time and work…and for the extra utilities and cleaners. Instead, I only asked for half of that.

Of course the guests did what you did and removed their payment information and refuse to respond to AirBnB.

Of course they did.

VRBO collects the damage deposit up front —- and doesn’t return it until 2 weeks after check-out if the host doesn’t file any claims. I had two previous claims with VRBO — one for theft ($130) and one for extra guests ($80). Both were paid immediately from the damage deposit.

Call me naive, but I thought AirBnB collected the damage deposit up front.

They don’t.

Now they are wanting to “negotiate” with me over my $250 claim.

I am so angry. AirBnB needs to take this seriously.

Smoking in a non-smoking rental — and a historic home filled with antiques and artwork to boot — is a SERIOUS OFFENSE an they need to treat it as such.

Bottom line — AirBnB needs to change their policy and collect the deposit up front. They also need to start requiring IDs from ALL ADULTS who are involved in a booking and all those adults needs BANNED FOR LIFE when they abuse hosts and homes.

14 Replies 14
Allison2
Level 10
Traverse City, MI

I'm sorry you encountered such disrespectful guests. Airbnb's damage deposit is a joke.

 

As it stands right now Airbnb seems to find greater value in their guests than their hosts, so expect to continue seeing policies that favor the guest.

 

I've added a house rule about "cleaning in excess of 3 hours (it typically takes 2) will be  charged at $35/hour". That does nothing to help if Airbnb has no form of payment to charge against, but does help assign a value to the cleaning which the guests agree to when they book.

 

It seems like a violation of their contractual obligations to their hosts: they take payment for rooms and damage deposit. Looks like they have some processes that need to be shored up or changed to make good on their promises. 

I had to file a claim against a guest  and had to use his deposit. 

This particular guest took plush towels as part of a set. 

I charged him for the towels which AirBnb awarded me without much effort on my part... but this particular guest ruined my place by stinking up the entire room with body odor mixed with cheap cologne. It permeated the walls, mattres, sheets and pillows. I had to wash the walls, throw the pillows and air out the mattres and room for several days...  his rent did not even cover the cost of cleaning out the room and the time I spent to get rid of the stink. 

I'm sorry you had to go through the process. Be steadfast and do not give in to negotiations... the guests clearly violated your house rules and you should be compensated. 

 

Adriana100
Level 10
Pitts, PA

OMG Im so sorry you had to go through this. As a former smoker I allow my guests to smoke on the patio. Touch the wood I never had any incidents of this nature.

 

I was going to say ask for security deposit upfront but if ABB doesnt collect it the way VRBO does than i'm not sure what can be done about it other than screening our guests.

 

I am so sick and tired of ABB -because the value guests more than hosts - that I consider leaving it and going to booking. they started recently to handle the money pretty much like ABB - aka the guest won;t pay you when they arrive but pay booking and then booking pays you. I am happy with vrbo. 

 

Anyway, if I were you I would word these no smoking warning and penalties in the listing and ask for security deposit. Also install that chrome extention that allows you to see other people's reviews and responses. Chances are if the guest smoked in one place he wouls smoke at another also.

 

 

Thank you. I, too, am so upset with airbnb that I am seriously considering VRBO and/or flipkey. A "guest"canceled her reservation after giving me trouble 3 times, then was allowed to give me a very negative review,\ although she never did go into my house, then BBB "paused" my listing for 5 days without even talking or listening to me, supposedly because I canceled her reservation (I did not, she did) I feel BBB is not doing its job and favors the guests, whatever they do, rather than the hosts.  Yet, aren't hosts rather valuable to thye company?

Branka-and-Silvia0
Level 10
Zagreb, Croatia

@Lady-Susanna0just for the future - do NOT turn on A/C because cold smoke stinks much worse. Just open all windows ,turn on ventilators and let it vent , the best on the hot and dry weather. It vents in a few hours without washing carpets, walls etc...

It was literally 97 degrees Farenheit/36 degrees C the day it happened.  I ran the AC to keep the candles in the home and the rest of the house from melting as well as to keep air circulating.  I also ran ceiling fans, box fans, and had 3 windows open to create a cross breeze as much as I could.  You don't understand Oklahoma heat.    As it's an historic home, not all windows open and have screens.  Only 3 windows in the whole home actually open.  Only one window is "new".  The rest are in excess of 50 years old.  I also have a screen door from the front entry to the outside so that was open as well.

I didn't "wash" the carpet, I used an odor absorbing baking soda vacuum powder and vacuumed.  I also didn't "wash the walls"....not sure why you think I did. 

 

Letti0
Level 10
Atascosa, TX

@Lady-Susanna0   said: Bottom line — AirBnB needs to change their policy and collect the deposit up front. They also need to start requiring IDs from ALL ADULTS who are involved in a booking and all those adults needs BANNED FOR LIFE when they abuse hosts and homes.

 

Actually it's up to YOU to collect the ID and get a signed rental agreement.  In my rules: A signed rental agreement & ID must be sent to us within 48hrs of booking. If not received no door code given.

 

I have a dang group booking I got last night with no notification that I cannot even send a price change for an infant not charged because they did not read my rules or if they did ignored them and a bill for an $84.99 plus tax for the pay per view boxing match they want, let alone my Rental agreement until they finally pay in full on the 1 day rental that was divided 6 ways for Grandma's Memorial Service. But they will get the agreement and sign, inital and return it with a copy of government ID or they will not get the code to get in period. 

So you don't think AirBnB has a responsibility to ban abusive and destructive guests?  Will AirBnB ban people who sign YOUR agreement and then break rules?  No?  Then they can still go on to abuse other hosts so you've not done anything to protect other AirBnB hosts.  You totally missed the point of what I wrote.  

@Lady Susanna   Not true IMHO, and I am really rather insulted by your statement. I go out of my way to help new hosts and established hosts everyday for the most part. I write a review to warn other hosts and give the guest a thumbs down. Unforunately it takes 3 thumbs down before AirBnB will ban a guest because at that point it is now costing AirBnB money on this guest, not just the hosts. 

 

Will AirBnB ban people who sign my agreement, no. The agreement and ID gives will give me leverage I don't get from AirBnB. I can turn the claim into my insurance company and they will go after the guest. I can use it in a small claims court and get reimbursed or at least put a black mark on their credit history. 

 

You need to revisit this issue as you are completely off base at least on me. I am one of the best sources for hosts and guests to get good information I think, I may be wrong, of course. Lets see what the the other members decide this, but I try to supply good and helpful information. If I am not doing that I want them to let me know!

 

Would you mind sharing a copy of your agreement?  I think that's a good idea.

Thank you.

Pete69
Level 10
Los Angeles, CA

Maybe having a sign or two would help. I have it listed in my rules "This is a non-smoking room. Future guests are expecting a non-smoking room."

I've had smokers but fortunately they smoke outside. Unfortunately just their BREATH stinks up a room. I leave myself 1 day of prep time. I leave fans on all day and overnight regardless of whether I can smell anything (smoke , perfume, etc). Fortunately this clears out smoker breath. Perfume / cologne not so much. Somebody spilled some cologne and it took 6 days to get rid of that smell.

Tony134
Level 10
Sarasota, FL

Hi Susanna!  As a Super-Host, Airbnb values you very much!  They will always use words that they think sound professional to honor you, even when the words combined together mean nothing or that they are robbing you blind!  I've done over 1,000 stays on the network, and AIrbnb has never honored the Home Guarantee.  Ever.  Recently a guest brought me fleas!  I don't have pets in the house, and every private room in the house is booked with AIrbnb guests continually.  Because I have only private rooms, Airbnb is the only network I take guests from.  Despite the obviousness of this situation, and that the fleas obviously came from a guest in question(I have no pets), Airbnb used what they thought were very impressive American words to sound concerned while they denied my claim and made no attempt to remedy the situation.  They did not offer to pay for treatment or offer to cover the rooms for a week or two to keep them off network while they fleas die back off from the treatments.  The most amazing part about this is if not managed correctly, fleas could travel with guests from listing to listing!  It's OBVIOUSLY in their best interest to nix a problem like that in the bud, and to contain as best as possible like I'm doing, but like I said, they offered Nothing. 

 

Brian Chesky has directed the entire CS department to operate in this way.  If you pay close attention the script is pretty much this:

 

"Perfect, thank you so much. So I have spoken with my team, and we understand that you think -XYZ-. Now with that, we don't have any documentation to prove XYZ. What we do know is that when the Guest says -ABC-, the guest never lies and is always correct. 

Now we do need to issue the guest some kind of refund for -ABC-. I do want to run something by you that me and my team have come up with. So for -ABC-, we will go ahead and issue the Guest a full refund by altering the reservation. While doing that, your calendar dates do open back up as well. And then 20% of each night spent. So altogether, the Guest would receive a refund of $$$. Let me know what you think about that."

 

Notice the 20% they often try to throw is there is pretty much exactly the amount of their fees.  Because they will also refund the guest the fees, and try to do it out of your pocket.  Also notice that when they say things like "Let me know what you think about that?" and "Does that sound like an acceptable solution?" they aren't actually asking in any way, shape, or form.  No matter what you say or respond with, that's what they plan on doing, and if you think they are asking you, you are the bad guy for not agreeing with the 'offer' or 'question.'  They think it's polite to phrase it as a question but not really treat it at one. 

 

Seriously, it's an insanely dishonest culture they have brewed in customer service, and I guarantee you Brian Chesky and the rest of the team don't care unfortunately.  This is a reality you must get used to if you want to use the Airbnb network.

I haven't hosted for Airbnb.  Still finding my way around the web site.  I have rented 4 rooms in my home for 10 yrs now.  Month to month agreement.  House rules NO SMOKING in the house.  You can always call the police - reckless endangerment it's a criminal offence and time in prision.  Either you the host or some other person can make this call if it efects your health, allergies?  Being a non smoker.  I learned this hard lesson 10 yrs ago with the very first renters.  I was in the process of an eviction, they called the police on me for smoking in MY OWN HOME. I hired an attorney who told me to go ahead and smoke in the house, after all it's my home.  When he heard what the police told me - He said " you'll have to hire a criminal attorney he wouldn't be able to help me "  After that, there has been NO SMOKING in the house of anything cigs or 420.  Do however furnished a smoking area on the back deck.  Winter time I in close it for some protection of the cold and snow.  I'm learning there's no difference between renters/room mates then your guest.  Almost like trading seats on an air plane.  I might collect more money with ABNB, how ever how long I seat empty between guest? 

Lyz5
Level 2
Hempstead, TX

The security deposit and "Host Guarantee" are basically a joke.

I had a guest smoke in the apt despite me telling him several times not to and his cats pissed all over the closet floor, and this is the response I got:

Hi Lyz,

My name is Francesca, and I'm a Trust and Safety specialist at Airbnb.
Thank you for letting us know about this incident.

In order to clarify, the host is able to create the house rules for the accommodation listed in our platform, however, please note that as per our Terms of Service, we are unable to reinforce compliance for such.

Unfortunately, as a third-party not present during the reservation, we can't charge the guest's deposit for non-physical damages such as smoking or extra cleaning fees, without their consent. Our Host Guarantee provides payment for direct physical loss or physical damage to accommodation.

Please also note that the Host Guarantee terms state that damage caused by animals and excessive use of utilities is not covered. You are free to pursue reimbursement from your guest directly. However, per this criteria, this case is not eligible under the Host Guarantee.

You may review the Host Guarantee terms here: https://www.airbnb.com/terms/host_guarantee.

We will focus solely on the damages to the sofa. In order to ensure swift payment, we ask that you please provide at least one of the following for each item that you are requesting for reimbursement:
- Website showing average cost of service to clean the item
- Estimate or Invoice on company letterhead

Please submit the requested documentation by December 22, 2018. If you need more time to gather it, please communicate how much time you think you might need.

Should you have any questions or concerns, just reply to this message.

Thanks,

Francesca