How do you file a complaint against a host?

[Tammy37]

Had a confirmed booking, had already paid, then the host said he wanted $100 in cash on arrival as a surcharge.  We disagreed, but eventually cancelled, since we knew he would eventually cancel us out so he could gouge someone else.  

Because we cancelled, we have to eat the service charge.

Two questions:

1) how do we file a complaint against this host?

2) How can we petition to get the host to eat the service charge?

thanks,

Tammy

[Ann72]

@Helen3 They actually are tenants in short-term rentals, and they could claim the right to quiet enjoyment in any country in the world - it's a universally recognized legal covenant, universally recognized as implicit in any rental arrangement.  For this reason it's not legal for the landlord - i.e., the Airbnb host - to enter a guest's private space without prior permission while the guest is in residence.

I doubt very much that no other country but the US has noise ordinances.  Here for instance is a brief about noise nuisance from the UK government:  https://www.nidirect.gov.uk/articles/noise-nuisance-and-neighbours

[Helen3]

I know how noise abatement legislation works in the UK  @Ann72 I live there (although you linked to an article about Northern Ireland which doesn't necessarily have the same legislation as the rest of the UK).

My point is that as evidenced by the article you linked to domestic noise nuisance in many countries in Europe including in the UK,  is dealt with by local government NOT by the police. The police only become involved if a crime is committed or a licensed premise breaks its agreement for noise levels.

Also in the UK those in short term rentals do not have tenancy rights. When you pay for an airbnb you pay to occupy a shared or whole listing for a number of nights, you do not sign up to a tenancy agreement.

Regardless talking about tenancy rights is a red herring.  The point is that @John2689  is staying in a listing where the host is not taking action to deal with guests in a shared space who are being noisy at night and John is entitled to ask Airbnb to cancel the booking and refund him in these circumstances.

[Ann72]

@John2689 There is a universally recognized concept in rented or leased spaces called the covenant of quiet enjoyment.  This covenant requires the landlord to promise that during the term of the tenancy no one will disturb the tenant in the 

tenant's use and enjoyment of the premises. Quiet enjoyment includes the right to exclude others from 

the premises, the right to peace and quiet, the right to clean premises, and the right to basic services such as heat and hot water.

So your right to quiet enjoyment is being violated, which give you legal recourse.  Get on it.

[Susan17]

@Ann72 

The police in most of the UK and Ireland barely have the time, manpower or resources to deal with the most serious of crimes, so they'd be royally pissed off at being called out for a bit of noise, especially within the confines of a shared space, behind closed doors. And anyone who would waste police time for something so trivial, wouldn't be too popular with them either. This is a civil matter, not a police matter. 

[Ann72]

@Helen3 @Susan17 So it sounds like what you call a civil matter is the same thing as what we call a police matter.  Our police are local, and we don't have councils.  In NYC the police are (obviously) very busy, but noise complaints are taken seriously.  We have a dedicated number, 311, for non-emergency calls about city services, and noise complaints are the number one reason people call 311 in NYC.  We can also call our local police precinct to make noise complaints.

I do understand @Helen3 that @John2689 has the right to involve Airbnb and ask for a cancellation and a refund.  I take your point that that is probably his best course of action.

However, it's simply not true that just because Airbnb calls us "hosts" and "guests," tenancy rights don't apply.  I let out an entire house and don't service it while guests are there.  They have exclusive occupancy of the property and all the rights of a tenant.  (I'm grateful most of them don't realize this :).)

I would not assume that even a home-share would be free from tenancy considerations.

[Sarah977]

@Susan17 @Helen3  Noise complaints are also something one reports to the police in Canada and they will attend and deal with it. Now if the noise was simply about someone talking loudly inside a home, disturbing others also staying in the home, I don't think that would qualify as something they would deal with, unless it was a violent domestic dispute. But if that noise was so loud it spilled over into the street and disturbed other households, they would.

@John2689  Many people have voices that"carry", whether they are actually talking unnecessarily loudly or not. My grandfather had a voice like that, and it was worse when he was agitated about something, even if he was happy and telling a story. I remember everyone always saying "Daddy, your voice" when it got to be too much. This may not be what you are dealing with, they may just be being disrespectful.  But I can't imagine not travelling with earplugs, as one never knows if there might be barking dogs in the neighborhood, traffic noise, noisy neighbors, or others around with a sleep/wake schedule quite different to mine. 

[Susan17]

@Ann72 @Sarah977 @Helen3 

Whilst it may be possible - and even acceptable - to call the police out for noise issues with STR guests in the US, from my understanding, there's not much they can do about it, even if they do respond? I've read many, many posts from hosts in the US, complaining that when police were called to break up noisy/rowdy parties at their listings, they actually didn't have the power or authority to act effectively. They can ask the problematic guests to tone it down, but in most jurisdictions, there doesn't appear to be a whole lot else they can do. 

https://hostcompliance.com/short-term-vacation-rental-faqs

1. Law enforcement and local government staff have no legal basis to evict problematic short-term renters even if several ordinances are violated

[Ann72]

@Susan17 Yes, but you can call them, and they will come, and their presence is often enough to make people skedaddle.  Especially if they're doing something illegal.

[Susan17]

I do hear what you're saying @Ann72 , but it's also a fact that local police forces - in towns and cities all over the world - are amongst the most strident and influential  objectors to Airbnb activity being permitted to continue in their jurisdictions, on account of so much of their time, manpower and resources being squandered on dealing with matters that Airbnb hosts really should be taking responsibility for dealing with themselves. So picking up that phone in non-emergency situations could backfire very badly. 

[Patricia1952]

We had a similar.  Host wanted extra money for cleaning, property was so small I cleaned thoroughly in a short time...but I am now branded as dishonest by Veronique in isle dr re shame it was such a good break...we never actual met her , her husband said she speak English, According to her listing she did..however we are gutted to be know internationalas dishonest....is it us or is it them.

air bnb never again.

[Lissa15]

I have an experienced to the host , his name is Dean from Grimsby Canada. I made a reservation since of March 2019  , but my schedule of my trip supposed to be on June-July of 2019, but we changed our plan , so May of 2019 I filed my refund through  Airbnb , and through ..they called Resolution center , and they said they going to contact the host , but the host doesn’t respond to the request and messages. I deposit $477.00 ,  until now , I haven’t get my refund ,even one dime The  host claimed that he didn’t accept the money yet,, , but for me don’t give me that craft, he knew and I knew he already accept the payment . The host is a thief. The Airbnb , The  Resolution Center has no back bone, they don’t  stand up to create a solution. Airbnb is a big company , they should think a better solution,  you need to sit down and revised your Policy and Regulations. The renters is the one who suffers most. If the Host doesn’t want to give the Refund back .. they not going to give it.! even though you followed the Grace period that they call,  and the Host doesn’t want to reply to all messages, . The Airbnb is not going to Help you. So for me the Host is A Thief!!! and  A LIAR.!!

[Ana1136]

@Lissa15 First of all, the host doesn't receive the money until 24h after the check in date, so he is not a liar. Secondly, if Airbnb had to ask him for a refund that means you have agreed on a strict cancelation policy when you booked and you are not entitled to one because they would have refunded you immediately. You should read more carefully about the cancelation policies you agree upon booking and stop calling hosts thieves and liars only for following their rules that you agreed upon. 

[Susan17]

@Lissa15 

The Grace Period only applies for 48 hours after the booking has been made. That's it. 

You made the booking in March. You cancelled in May, after blocking the host's calendar for 2 months. The Grace Period is not applicable in this instance. 

And if you're labouring under the misconception that the renters  are the ones who suffer most in the Airbnb Triangle, you really should try hosting for a while. That'd soon adjust your perspective. 

[Jamie430]

We are having issues right now with an AirBNB host.  We did not see a property listed in New Orleans that would fit 25 people.  We messaged him directly and asked him if he had any.  He sent a house that he said would be perfect with 5 bedrooms.  When we looked at the amount of gusts that were allowed it said 9, but he said that will not be a problem.  My sister asked him twice.  Both time he said it would not be a problem.  The minute we sent in the final payment my sister realized it still said 9 on the contract so she message the host telling him the number was incorrect.  The host just replied you signed the contract. He is now trying to get us to pay for another property to fit the rest of us in there it’s crazy. We are scheduled to arrive in New Orleans Tuesday and over half of us have no where to stay. Beyond frustrating and upsetting.  We all paid a lot for this property.

[Ana1136]

@Jamie430 contact Airbnb and have them cancel the reservation, you will get a full refund since the host doesn't follow the initial agreement. Also, how could 5 bedrooms be enough for 25 people? That is suspicious since the beginning, will 5 people sleep in each bedroom? Would that be comfortable for you?