Damage and Security Deposit and Small Claims Court

Steven1075
Level 2
IVGID, NV

Damage and Security Deposit and Small Claims Court

- Airbnb called me in October asking to help a guest who needed to check out of a property and into mine. I extended my home to the guest. 
- My security deposit is $500

- The guest trashed my home; ursine and feces everywhere, holes in walls, damaged door, dented stainless steel dishwasher, and ruined furniture with wine and urine. 
- We required extra professional cleaning for any furniture we could salvage, wall repair and paint, and discarded the furniture we could not save. 
- I submitted my claim the same day as I returned home, and within 48 hours. 
- I provided all evidence; photos, videos, receipts, and a letter from our property manager. 
- This is the only time I’ve had such damage. 
- This damage totaled $2,300

- I have 12 reviews, all 5 stars and I work very hard to make the stay an experience, not just a house. 

Working with Airbnb has been impossible. I’ve provided everything they request, and then a new rep chimes in asking for the same information. 

Most recently, I’m told that the security deposit does nothing cover damage; only STRUCTURAL damage. And, Airbnb has said they did credit me $315, but it’s nowhere in any payout. 

I’m at my wits end. At a minimum the security deposit should be mine. 

My question: has anyone sued Airbnb in small claims court? If so, have they retaliated by removing hosting permission? Any ideas for me?

6 Replies 6
Helen3
Top Contributor
Bristol, United Kingdom

I'm sorry these guests trashed your home. It's irrelevant what the deposit covers. If your damages are covered by the Guarantee, they should consider the claim particularly as they asked you to take this 'guest'.

 

Hopefully you left an honest review to warn future hosts.

 

 

You can pay a few hundred pounds or so to go to arbitration with Airbnb and if you win they cover this. @Steven1075 

 

Of course it's always wise to have your own home insurance for STRs to cover the main areas not covered by the Guarantee.

 

Why would you sue Airbnb? , shouldn't you be looking to sue the guest that damaged your place?

Thank you, @Helen3 .  Sage advice for the added coverage.

 

I did leave an honest review.  The other guests who stayed in the home received the same review as the main guest invited them.  I was unaware that the other guests would be impacted, but I am comforted that they are / were.  Airbnb did remove my review from one of the guest's as they appealed and prevailed (as they were not the "main" guest).  Troublesome since all of the guests certainly played a part in the damage.

Ann72
Level 10
New York, NY

@Steven1075  I think you would be successful in Small Claims Court because it is doubtful anyone from Airbnb's side would show up, in which case, you would win.

 

One question:  Did you first contact the guest and ask him to cover the damage?  Don't worry, I know the answer from him would be no, but that's an important step when making a claim.

@Ann72 - I did contact the guest ("Oliver") first, and he was amenable to paying for the damage.  He then read my candid review and rescinded the offer to reimburse / remunerate.  Oliver also shared that I should expect such wear and tear and pet damage as I host an Airbnb.

 

Still, Airbnb has been unreceptive to reimbursement or even returning the security deposit that the guest paid.  The support system at Airbnb leaves much to be desired and my experience is that they have a war of attrition model hoping that I just give up out of frustration.

Lisa723
Level 10
Quilcene, WA

@Steven1075 yes I have prevailed in small claims court; it went as @Ann72 suggests. You can also pursue arbitration:

 

https://www.airbnb.com/help/article/2908/terms-of-service

Mar125
Level 10
California, United States

Lisa, do you notice any dropping in booking rates after you went to court with Airbnb?