guests threw a party, in flagrant violation of house rules, and airbnb took the guest's side

Ethan5
Level 3
Los Angeles, CA

guests threw a party, in flagrant violation of house rules, and airbnb took the guest's side

I'm a Superhost, and have noise-sensitive neighbors.  Over the five years I've been hosting, I've made every effort to ensure that guests do not disturb neighbors.  I used to occasionally allow parties, at a much higher rate than for normal daily rentals.  I decided it was not worth the money, to disturb the neighborhood.   

 

I now have strict rules against gatherings, and a strict curfew time for outside hours (10pm-9am), since people hanging out in my yard at night wakes the neighbors.  This is all posted on the listing, so guests know before booking, and also explicitly in the house rules after booking.  I also communicate how important this is, directly to guests after booking.  It is written in my rules that violation of this most important rule will cause them to forfeit their security deposit.

 

 

Recently, in violaton of all this, a first-time Airbnb guest had people over, playing music and hanging out outside, from 1am-5am.  

 

Naturally, as I specify in the house rules, I asked for the money I would have made had I allowed parties, out of the security deposit.  (They also broke a guitar and made off with keys — I sent receipts for these things as well.)  The guest simply didn't respond at all.   So I clicked "Involve Airbnb", and sent all my documentation, including screenshots from my external security cameras, showing the people outside partying, with time stamps, going almost until dawn.  I also forwarded several of the irate emails and texts I received from neighbors (which I've had to pay off), threatening to shut down Airbnb in the city, etc.

 

Airbnb didn't reply, other than to say they had received my info and would ask if they needed more information.  I called weekly, wondering what was going on.  Finally, after FIVE weeks, Airbnb replied: they wouldn't cover anything other than the guitar and key repair.  Nothing.

 

I wrote to Airbnb: what is the point of having house rules if they aren't enforceable?  What is the point of charging 4x as much for parties (and then stopping this in order to be a good neighbor), if a normal nightly guest can simply have a party, ignore my requests for the security deposit, and not pay for it?  How am I, who has the kind of house and location that attracts partiers, to protect myself if I can't enforce it out of the security deposit? 

 

Airbnb's response was to send me the same cut-and-pasted email saying the Host Guarantee doesn't cover non-physical damages, they're glad to have me as a host, and that they were "glad they could resolve my issue."

 

I am so angry at Airbnb.  That they would choose to protect an irresponsible first-time guest over a Superhost whose been on their platform making them money for five years — it's shocking.  Their Host Guarantee is a sham.  Their security deposit function is also a sham if they can let a guest simply ignore the requests.  I'm considering going to social media to complain.

 

Any advice is welcome.  I suspect I'm not the only host who has had this problem.

35 Replies 35
Sarah977
Level 10
Sayulita, Mexico

Airbnb has always maintained that the security deposit will only be used to cover damages (with a lot of work to prove those from the host's end) not the breaking of your house rules. It's a drag, but that's what it is.

To avoid this kind of things happen, AirBnb should revise their security deposit policy to cover at least extra cleaning fee which does incur after a party is held. I had one case a party of at least 20 people attended even though I have no party policy and told the person during checkin time. They left trash such as papers, boxes, empty alcohol bottles, cigarette boxes and ash, dirt, all over the house. It took two people six hours to clean the house. And the house still smells after windows left open for one day and night.

 

Please voice your opinion of enforce a house rule violation penalty at AirBnb's feedback link https://www.airbnb.com/help/feedback

 

 

David126
Level 10
Como, CO

I agree with @Sarah977, you are a SuperHost but do not know what the Security Depost is for.

 

Even within its limitations it is difficult to claim against.

David
Ethan5
Level 3
Los Angeles, CA

I do understand (now) that these are the rules for the security deposit, but they do not promote this fine print; they promote their Guarantee, which is then nearly impossible to claim against.  This puts a lot of homeowners at risk and does nothing to protect neighborhoods from bad guests, which is an issue for those of us with neighbors we want to protect, while we rent our homes while we travel.  (I use Airbnb the old way: for extra income, and to have my home not empty, but only while I'm traveling.  I'm not running a full-time mini-hotel).  Airbnb needs to do more to protect hosts and neighbors, or else more and more cities will ban Airbnb.

Thank you Ethan for communicating what happened to you. This JUST happened to me on 10-27-2018; a guest had halloween party for over 100 people in my luxury home in Sonoma County CA on a Saturday night. They even advertised it over the internet!! I found out next day.

I spent today fishing bottle caps out of my brand new garbage disposal and cleaning up puke from all over my recently renovated home I am trying to sell. It stinks massively inside, all carpets need cleaning and all my neighbors are angry with me. We live on a family culdesac. Party people parked in front of their homes and left garbage everywhere in the street. My glass shower door was broken too. I found a trash can from bedroom in gargage can outside full of urine. I could go on and on. What should we do? How can we protect ourselves as owners?

All guests before this have been great. Respectful and clean. I want airbnb to stop this abuse now! These party A holes are ruining this system for everyone else owners and guests. Has anything changed recently with rules, laws, etc.?

Fred13
Level 10
Placencia, Belize

This is the fundamental problem with the entire Airbnb system:

1. Hosts sets house rules, pertaining to their own private property, which they expect the guest to follow, but..

2. Some guests do as they please because they are not STOPPED while they are doing it, because...

3. No one is there to stop them OR the hosts is not willing to do so usually because...

4. Hosts are under the assumption that when anything goes wrong, then a 'deposit' (which is not collected actually) or some 'host guarantee' will fix what happened; and last but not least..

5. Airbnb continues with the 'Host Guarantee' charade..perpetuating the whole fallacy.

 

  Hosts need to stop believing that some written rules, or just pre-registering with Airbnb will guarantee human behavior, not even the thousand police forces in the land are able to do that.

 

 

Agree. There is no actual HOST GUARANTEE. Air BNB is a joke. They Do not support the hosts at all. Yet they are happy to collect our $$!!!

Coln0
Level 10
George Town, Malaysia

I had been in the same situation like you. Airbnb responded that the house rules allow host to ask the guest to leave the property but with the condition that hosts agree to return booking fees to the guest. I am not sure if this is true. 

Mark396
Level 3
New Orleans, LA

OK...now a questoion:  If AirBnB will not cover "party animal" behavior,:

 

1. what about a written agreement between the guest and the host external to the ABnB system that would specifically deal with that issue:  Non-Physical damages or violations of code?

 

OR alternatively: 

 

2.  What about filing an "alternative" rental reservation on AirBnB that accounts for extra "guests" since a party obviously is WAY over the reserved # of guests, and I have an extra $25/ guest over 4 as part of my setup with the system....would that fly?  I'm allowed to book up to 6 guests, which would be $50 over the rental agreement since they misrepresented the # of guests...obviously the # was probably closer to 33 than 3, which they reserved for. 

 

Thoughts?

 

Thanks!

 

I am having the same problems and honestly may end up suing airbnb.  They have 0 interest in protecting the hosts here.

 

I have been a superhost for years.  I have a 4 story townhome but only 1 bedroom.  I list it for 4 people due to 2 shared walls.  My listing is clear that there are no parties and has exorbitant fees associated with rules violations around parties so that you'd have to be an absolute moron to violate them.  2k for throwing a party, 250 for smoking, 200 per extra guest and a curfew saying anybody there after dallas quiet hours (10 pm) is considered as "staying the night", and warn that I have to file a police report and that it may be a felony based on damages.  99% of guests are deterred by this, but there are still 1% who violate.

 

I had 2 guests throw parties from 2 weeks ago.  I have received nothing for them.  One guest booked for 3 guests and mentioned he wanted to have a "couple" people over during the day.  I told him to keep it down but a couple visitors was fine.  The guest threw a raging party with 29 people until 1 am.  Saw it in my security system and threw them out.  I sent the video to airbnb and the guest admits to having 20+ people there but insists it wasn't a party even though drugs and alcohol were found at the listing and sound monitors were going off in the home.  I sent the security camera feed to airbnb, who claimed only 10 people were there (clearly hadn't taken the time to watch the video) and that my allowing 2 guests to visit during the day somehow consented to having 29 people over.  I've sent them the dictionary definition of a couple and requested a supervisor for weeks with no response.  I'm an attorney and am considering suing.

 

I have had a number of these issues in the past and airbnb never sides with the host.  Typically, they tell you they are investigating (not sure why that's needed.  With rules like mine all they need to do is look at the security feed timestamp).  I often don't hear back after that and have to call and reopen the case repeatedly.  When I do hear, I get statements like above that fly in the face of any understanding of the English language, or that state the guest must consent to being charged.  I have had guests admit to throwing parties but not wanting to pay bc they think the fees are too high.  I warn guests of the rulesin the rules section, in a prebooking message, and in my directions message.  All of them read it and are aware.  Point being, airbnb, even during a pandemic where they outlaw parties, will continue to side with guests and avoid paying out.  Be prepared to spend no less than 50 hours on the phone with them.  I'm still trying to get guests and party fees covered from a reservation in May.

 

I have had situations TWICE now with Air BNB where they take days or weeks to reply and then have the audacity to tell me that its outside of the 48 hour window to report. Can you imagine?!?! They absolutely DO NOT support the hosts in any way. We take all the risk and they take all the reward. 

Rebecca160
Level 10
Albuquerque, NM

@Ethan5Sadly, I think that Airbnb did cover what they said that they would cover under their Host Guarantee.

I do feel that the Host Guarantee should be looked at and modified to allow coverage for some damages, such as your reputation in your neighborhood. We will not be able to keep doing what we are doing, i there is a really bad guest(s) that the neighbors complain about and we have no way to compensate the neighbors for the invconvenience.

If you wish to keep hosting under this platform and are worried about partiers, you can draw up your own rental contract and  collect a deposit upon arrival . You have to state this in your listing.  Since you are in an area that attracts partiers, I would get one together right away.  : https://www.airbnb.ca/help/article/465/can-hosts-ask-guests-to-sign-a-contract

Pam189
Level 2
Louisville, KY

I have two comments which I will be posting separately:

 

Part of the problem is the review system which limits by its requirement of reciprocal reviews the ability of hosts to leave a negative review on a guest. This defeats the purpose of the airbnb honor system and "community enforcement" of rules.

 

We experienced a minor house rule violation just last night. Paraphrased house  rules state two visitors (other than actual guests) allowed up until 10:00 pm. After that hour they must leave, no exceptions. There are quiet hours as well. Just before midnight my husband went to get a snack in the kitchen. Now comes our guest and her young daughter (also a guest) with two visitors in their late teens, the guest's sister (local person) and the sister's boyfriend. These visitors did not have permission from us to be in the house after ten nor did we even know they were in the house to begin with. They said they wanted to use the pool for a swim. My husband gave permission. A bit later he heard a lot of noise, splashing and loud voices in the pool area and had to go out to ask them to quiet down, because we have neighbors plus other guests. Apparently, our guest did not even bother to read the house rules, which may be fairly common in my guess.

 

The issue is that the "self-policing of the airbnb community" is ineffective because a guest who knows they might receive a negative review will simply not leave a review for the host, thus neither potential review would ever see the light of day. Perhaps it might be useful for hosts to have the choice to leave boilerplate statements about any particular guest, regardless of whether the guest leaves a review of the host or not,  such as, 1) "Guest violated house rules, but was cooperative when this was brought to their attention."  2) "Guest violated house rules and was uncooperative when this was brought to their attention." 3) "Guest violated house rules unbeknownst to host until a later date, as host was not on the premises". 4) "Guest flagrantly violated house rules causing a noise disturbance and/or non-physical damages. "

 

In our case, I will leave private, non-public feedback for my guest as she is not an experienced airbnb user, and I would hope the corrective feedback will educate her about the responsibilities of guests using airbnb. 

 

@Pam189 You are the second person who stated this today about hosts review. If you review a guest and they don't review you, your review does show and posts after 14 days. A lot hosts wait until day 13 or early morning of day 14 to post review of bad guests in the hope that they will not get a review back from guests.