Host refuses to delist my property from AirBnb platform

[Michael6453]

I have a big problem that I cannot figure out how to solve.   I purchased a condomium in Cabo Mexico and originally retained the property manager who registered this property under his name and account on AirBnB.  

Now, a year later, we parted ways. I hired a new property manager. But the former property manager, refuses to delist the property on the AirBnB platform.

I will not recognize a lease agreement from this platform. All locks have been changed on my property. I won't allow any person to go inside my property unless they have entered into a contract directly with me.

Should I take legal actions against AirBnb for claims and damages that I have suffered from AirBnB's deny on removing my condo off the platform ? I mean the fact that they are a internet platform does allow them to was their hands and git rid of my dispute that they have refused to do anything.

I am being held hostage from my former property manager and AirBnB.

What I think is going on is this AirBnb listing is being used as a bait and switch to the condo next to mine as a means to collect bookings. 

Any advise would be appreciated.

Thank you,

[Sarah977]

@Michael6453  This is a legal issue between you and your former property manager. Airbnb is known for not removing listings even if the lister is renting it illegally.

Big mistake to have allowed the property manager to list it under his account- it should have been listed under yours with him as co-host, so you don't lose control. It also means that your place will lose all the reviews, which are attached to profiles, not the property and you will be starting over as a new listing.  

Keep being persistent with Airbnb, and also pursue legal action against the former manager (good luck- that sort of thing works at glacial speed in Mexico).

[Michael6453]

Property owners by defalut, should be allowed full access to their property AirBnB listing regardless who sets it up. Property owners should be allow ultimate control of their property listing. There should be tighter internal control to protect property owners AirBnB accounts from Hijacking.

[Sarah977]

@Michael6453  Property owners are not given full access if they instead gave over access to a property manager. It isn't Airbnb's fault that you didn't list the place under your own account when you bought it. That was your responsibility and your mistake.

[Michael6453]

I retained the former condo owners AirBnB listing (that was setup by same host) to keep the reviews and continuity.... The difficult host is a US Citizen doing business in Mexico. I think he is a dual citizen. I wonder if this is a US Claim or Mexico claim / legal issue ?

[Sarah977]

@Michael6453  "I retained the former condo owners AirBnB listing (that was setup by same host) to keep the reviews and continuity..."

That was a big mistake, as I said. You should never give up control of your listing. 

Guess you'll have to consult a lawyer to see where and if anything can be done. No one on a public forum can give you legal advice.

[Michael6453]

According to a Mexico legit attorney. AirBnB can be held accountable for damages related to not taking down a website. Theres been case history to prove this. I'm gonna file case against AirBnB. 

[Michael6453]

Just saw this helpful info....

Do you have a dispute with Airbnb over a refund, rental, or overcharges? You have several options, including suing Airbnb in small claims court.

In this article, learn about:

• Common types of small claims lawsuits against Airbnb.
• What to do before suing Airbnb in small claims court.
• How much does it cost to sue Airbnb in small claims?
• How much can you sue Airbnb for in small claims? ‍
• How to file a small claims lawsuit against Airbnb.
• Fun fact, lawyers are not allowed at the initial small claims hearing! This is to even the playing field so that each party has an equal chance of obtaining justice.

Common types of small claims lawsuits against Airbnb

We often receive the question, can I sue Airbnb in small claims? The answer is yes as long as the dispute is for $10,000 or less (more on this below). You may also want to consider suing the Airbnb host you rented the unit from or if you rented your home, you should consider also suing the Airbnb guests.

Here are some examples of small claims lawsuits against Airbnb, Airbnb hosts, and Airbnb guests:

• Damages to your home. For example, you listed your home on Airbnb but the Aribnb guests threw a party in your home and damaged the countertops.
• Failure to refund you. For example, Airbnb promised you a refund but you still have not received it.
• Unexpected charges. For example, a week before trip you received an email that there would be an unexpected fee that you have to pay otherwise the reservation will get cancelled.
• You reserved and paid for a unit but it was booked to someone else. For example, you arrive to your Airbnb cabin and find that someone else is already staying in it when you already paid to rent it out for the week!

What to do before suing Airbnb in small claims court Contact Airbnb's Customer Service

Call Airbnb's customer service phone number 1-844-234-2500 and have them troubleshoot your problem.

Contact Airbnb on Twitter

Many companies respond to Twitter complaints extremely fast. Here is Airbnb's Twitter handle: @airbnbhelp

Consider filing a complaint with the BBB against Airbnb

The Better Business Bureau may be able to help you with your complaint against Airbnb. Here is how you can file a BBB complaint against Airbnb.

Make sure to also review complaints other customers have filed against Airbnb with the BBB (review Airbnb's BBB complaints here). This will help you learn whether Airbnb responds to BBB complaints.

Send a Demand Letter

A demand letter is a letter that outlines a set of requests. For example, you could request a refund and explain why you are requesting a refund.  

If you eventually decide to sue in California small claims court, you are required to first request your money or property back before you can file the lawsuit. While you can request your money or property back orally, it is recommended you do so in writing in the form of a demand letter.

What to include in the demand letter?

Unsure of what to include in your demand letter to Airbnb:

• How much money you are owed.
• Why you are owed money.
• Your contact information.
• Where to send payment.
• Give them a few days to respond (usually about 7 to 14 days).
• State that if they don't respond, you intend to sue.

Where to mail the demand letter to?

Airbnb, Inc.

888 Brannan St. #4

San Francisco, CA 94103

You can also mail a copy of the letter to Airbnb's agent in California:

CSC- Lawyers Incorporating Service

2710 Gateway Oaks Drive

Suite 150N

Sacramento, CA 95833

Make sure to always verify this information by reviewing the California Secretary of State's website as this information may change. Learn how here.

If Airbnb ignores your demand letter, what is the next step? You may be able to sue Airbnb in a small claims court. Make sure to review any contracts you have received from Airbnb. Here are Airbnb's terms of service.

How much does it cost to sue Airbnb in small claims?

So how much are you going to spend by suing Airbnb in small claims court?

Court Filing Fees

The amount you will pay to file a small claims lawsuit in California depends on how much you are suing Airbnb for. You will pay between $30 to $75 to file the lawsuit. If you cannot afford to pay court fees, you can ask the court to waive the fees.  

Serving Costs

Once the lawsuit is filed, you have to notify Airbnb that you have sued them. This is called "serving." Serving Costs can range from $0-$75.

More on who to serve on behalf of Airbnb below. ‍If you win, you can request that Airbnb pay for your court fees and serving costs.

How much can you sue Airbnb for in small claims?

In California, you can sue Airbnb for a maximum of $10,000 if you are an individual. If you are a business suing Airbnb, you can sue for a maximum of $5,000. Note, if you are a sole proprietor, you count as an individual.

By suing in small claims you are agreeing to waive any amount over the maximum amount you can sue for, even if you are owed more. For example, if Airbnb owes you $11,000, and you decide to sue in small claims, you are waiving suing for an additional $1,000. Meaning that you will win a maximum of $10,000.

While you may be missing out on the full amount you are owed, there are practical benefits to suing in small claims instead of suing in "regular court."

Here are some of the benefits:

1. Court filing fees are cheaper in small claims than in other courts.
2. The process is faster in small claims than in other courts as your hearing will usually be scheduled 30-70 days after you file the lawsuit.
3. Lawyers are generally not allowed in small claims which helps keep the costs of suing low.  

How to file a small claims lawsuit against Airbnb Step 1: Complete "Plaintiff's Claim and Order to Go to Small Claims Court" (Form SC-100)

• This form starts the California Small Claims Court lawsuit process. Download here.
• It is also known as the "complaint" or "claim."
• Remember, we can help you prepare the small claims lawsuit and file it with the court! 
• You will also need to decide if you are going to file the lawsuit against the Airbnb host that owns the rental unit you booked or the Airbnb guests that rented the unit.
• Here is the information you will need for the lawsuit:

Airbnb, Inc.

888 Brannan St. #4

San Francisco, CA 94103

Airbnb's agent for service of process in California:

CSC- Lawyers Incorporating Service

2710 Gateway Oaks Drive

Suite 150N

Sacramento, CA 95833

Make sure to always verify this information by reviewing the California Secretary of State's website as this information may change. Learn how here.

Step 2: File "Plaintiff's Claim and Order to Go to Small Claims Court"

Each California Small Claims Court has a different procedure for filing. You have to check with your local small claims court whether they allow filing in-person, by mail, online, or by fax. Or we can file your case for you!

Step 3: Serve the lawsuit on Airbnb's agent

Remember, you will be serving Airbnb's "agent for service of process" as listed on the California Secretary of State's website. Learn more here.

Agent for Service of Process:

CSC- Lawyers Incorporating Service

2710 Gateway Oaks Drive

Suite 150N

Sacramento, CA 95833

Make sure to always verify this information by reviewing the California Secretary of State's website as this information may change. Learn how here.‍

What is a small claims court hearing like?

Small claims hearings in California small claims are informal and most hearings last around 15 minutes. While many disputes settle before the hearing, here is what to expect if your lawsuit does not settle.

Who will represent Airbnb at the hearing?

• The easiest way to answer this question is that a lawyer will not be representing Airbnb since lawyers cannot represent parties at the initial small claims hearing. They will have a non-attorney representative.

The hearing:

• Right before the hearing, the judge will ask you and Airbnb's representative to show each other the evidence that you will later show the judge.
• The judge will ask you why you are suing.
• The judge will ask Airbnb's representative to tell them their side of the story.
• The hearing will last around 15 minutes.
• The judge will ask you to show them the evidence you brought. Sometimes the judge will keep the evidence. Other times, you will get the evidence right back.
• Very rarely a judge will tell you whether you won or lost at the hearing. Instead, the judge will tell you that their decision will be mailed to you(usually takes a few weeks to two months or so).

[Helen3]

What does it say in your contract with the first  co-host about your notice period with them? What did you agree to do re existing bookings once you gave your first co-host notice? 

just set up a listing in your own name so you build up reviews and you can add your new co-host to it.

[Sarah977]

@Michael6453  Yes, people have taken Airbnb to small claims court. The  problem with your issue is that the issue is between you and the property manager, not Airbnb. They have no idea what your arrangement was or is with this manager. They are just a listing service and you allowed the manager to list it as his own. 

Homeowners have had long term tenants turn around and list the home as an Airbnb, against the terms of their lease, and Airbnb will not remove the listing. The homeowner has to go through a lengthy eviction process with the tenant. 

All of the examples mentioned in what you posted refer to cases where Airbnb is responsible for payments they have refused to make. In your case, they don't owe you anything. 

There was one host who took them to small claims court to reinstate her listing, which they had deleted based on a guest's false accusation of a safety  violation and she won as far as getting her listing re-instated. 

I hope you had a legal agreement with this property manager as well as a legal termination of his services. Going to be more difficult if everything was verbal.

[Sharon-Lou0]

Hi. Is your issue resolved?  Please kindly share with us how you were able to take the ownership of your  listing back ? 

We have the same situation with the property manager refused to transfer the ownership, she even deleted our co-host status after we told her she is not to manage  our property.  The property is in California.

We went thru Airbnb customer services and demand to delist  to delist her.   It’s been one week and got the airbnb run around.  

Any better ideas you can share?   Thank you 

[Joan2709]

@Sharon-Lou0 

Yikes!  This is very scary indeed. I believe this would be fraud? Essentially, they have created a "fake" listing.

Also, they are violating Airbnb's Terms of Service which state Hosts/Guest may not lie or misrepresent themselves. You might want to get all your ownership documents together and contract (hope you had one) with the property manager. I would suggest contacting the Safety/Legal Department at Airbnb as well...worth a shot. I would also contact an attorney about taking legal action against the now unauthorized property manager. 

Community Standards - Rules

https://www.airbnb.com/help/article/3328

You can always set up another listing under your name, but ultimately since the unauthorized property manager is using your property on the other listing, that would lead to double bookings? That would cause issues for the illegal property manager, but would be bad for everyone (especially guests who were double-booked).

Since this situation is bad for everyone (Airbnb, Guests, You), maybe one of the moderators can forward this to the appropriate Team at Airbnb? @Paula , @Sophia , @Bhumika 

[Paula]

Hello @Sharon-Lou0, I am truly sorry about this situation; it certainly seems very frustrating.

I have made sure to pass your case on to the relevant team for review. Since you are already in contact with the support team, they should be reaching out to you soon.

Thank you, @Joan2709, for the tag and for sharing all the great insights with Sharon.

[Joan2709]

@Sharon-Lou0 

I'm a bit confused....did you hire this property manager for your listing on Airbnb, or did you purchase a home that was already listed on Airbnb and the property manager worked with the previous owner? @Helen3  is correct that you cannot transfer a listing from one owner to another on Airbnb. You have to create a brand new listing.

If you did purchase the property from someone who had a listing with Airbnb and active reservations, how to handle that should have been worked out as part of the purchase of the home with the seller and their property manager. 

@Paula 

[Sharon-Lou0]

Thank you.