Nightmare tenant

[Kayla92]

I own a property in San Diego which I rented out to a tenant with the EXPLICIT statement that any subletting must be for a length of 30 days or more. This is a rule of our home owners association, so I really have no control over the fact that short term rentals are not allowed. But what do you know, the tenant has the property listed on airbnb for stays as short as one night. 

I am being fined $5,000 per instance of airbnb stay. ME. Not the tenant, ME. On top of that, now that I have begun the eviction process, I cannot collect rent from my tenant. It takes an absurd amount of time to evict someone in California. At this point we are going on 6 months of the eviction process and I am in the negative quite an insane amount of money. The host also has reviews from other properties where the review mentions airbnb not being allowed. Signs on the door, being asked not to mention airbnb, etc. So this appears to be a common practice of my tenant. 

I have contacted airbnb 4+ times to request the listing be removed and they have refused to remove it. I have sent them letters from both my lawyers and the HOA stating that subletting isn't allowed, but they say they cannot "decipher legal documents". 

I just want to post this so everyone can be aware of how dangerous airbnb can be and how little the company will help you when you need it. I used to love airbnb, I was a superhost for a number of years and only stopped when covid hit. But this experience has shown me how little they actually care. Experiences like mine are apparently rather common in southern California and it is bad for EVERYONE that the company isn't doing anything to stop this from happening. 

[Bhumika]

Hi @Kayla92 ,

I am so sorry to hear that you are going through such a stressful situation. Could you also send me the link to the listing in question?

Although it seems you have already got in touch with Airbnb Customer Support, I am also passing your feedback and concerns to the related teams, if they can further look into this situation. 

[Kayla92]

This is the listing link: **[Identifiable information removed in line with the Community Center Guidelines]

[Bhumika]

Thanks, @Kayla92, for sharing the link and your prompt response! 

I will remove the listing link from your comment, to abide by the Community Center Guidelines. But please be assured that I have sent your feedback as well as the listing link to the concerned teams. Hope you hear from them soon.

[Kayla92]

For anyone curious, Airbnb has responded and told me that they will not remove the listing. Good thing they have people posting on here to make it seem like they want to help though. 

[Helen3]

I am shocked you got this response as Airbnb have a dedicated email for owners to report these sort of situations about tenants illegally sub letting

I would suggest you call Airbnb out on this on their social media and contact your local media with the evidence you mention you have from Airbnb saying they won't remove the listing @Kayla92 

I was just curious you mention you were allowing the tenant to sub let your property for short lets ie 30 days plus. Were you not concerned about this arrangement in terms of the type of tenants he was likely to sublet to - or what he would do in terms of paying the rent if he wasn't able to sub let. 

I'm a long term landlord as well as doing STR and I would never rent to a tenant that wanted to sublet.

[Kayla92]

I was not, as corporate rentals (30 days+) are very common here and there are multiple corporate rentals in my building. After she applied, I spoke with someone who manages a few of them in my building and he shared with me their average income. So I felt confident the tenant could be successful doing it. The tenant was also very knowledgeable and easily qualified for the rent. I had no reason to believe she was lying.

[Pat271]

Thanks @Bhumika  - I hope you can nudge someone to get the listing taken down.

@Kayla92  So sorry you are going through this. It’s disheartening to know that should any of us hosts decide to go long-term with our rentals, this kind of thing can happen and is probably not uncommon. Thanks for sharing your helpful, albeit sobering, experience.

[Kayla92]

I agree, and it also puts short term rental hosts at risk as cities try to figure out how to solve these problems. Plus it takes income away from legitimate hosts. I cannot believe this host hasn't been banned since they are clearly a repeat offender. 

[Fred13]

"It takes an absurd amount of time to evict someone in California. At this point we are going on 6 months of the eviction process and I am in the negative quite an insane amount of money."

Isn't Airbnb also compelled to follow the many insane laws of certain states? California being a classic example. It does look like you are dealing with a ruthless professional in this practice.

[Kayla92]

Not sure what law exactly you think Airbnb would be breaking in this situation?? Their claim is that they are just a platform, and all they require is for the host to click a button that says they are allowed to list the property.

When I complain, they ask me for a letter which they send to her and say "well we sent it to her, good luck!". I bet at this point she just sits there and laughs whenever she gets that email because she knows airbnb isn't going to do a **bleep** thing. 

But yes it appears she has made an entire business out of doing this + teaching others how to do it. 

[Frances3408]

@Kayla92. Kayla, I'm so sorry you are dealing with this. One simple tick at listing set up stage and no proof of permission required apparently.

If I can add to the advice side, as both a STR host and long term landlord I would never permit sub letting. Also, with the long term (anything over 90 days here) I pay a property manager as it is heavily regulated and they obtain the tenants and have skin in the game if rent stops.

When I did have an executive style fully furnished unit it did attract the corporates who took out the lease ( 6 months) but still I had a property manager and the sub tenants were employees (only).

So I do not like the arbitrage model as it takes away my control (and profits). Its a threat to any property owner and legitimate host and I would like to see it banned. My property owners feel the same and do not rely on Airbnb checks.

All the best.

[Kayla92]

With all due respect,  I am also a long time owner of both long term and short term properties. “Advice” that borders on victim blaming doesn’t have a place in this conversation.

I posted this to bring attention to the fact that Airbnb will not help you if your property is listed against your will. I also posted it because all legitimate hosts should be upset that scammers can get away with this. The only way it changes is if we hold Airbnb accountable. 

[Nikeeta1]

Hi Kayla - I am in Los Angeles and in a similar position. Did you try taking Airbnb to arbitration? 

In LA, short-term rentals must be registered and approved by the city. Additionally, the platform is responsible for verifying that a registration number is on all listings (which it was not on my property). So this would be a breach of the law / local ordinances. 

[Michelle4336]

Kayla, 

Could you please at least write out the tenant's first letter of their first name and of their last name (initials)? I am VERY scared that I am dealing with the same person you are writing about...