Property being illegally listed on Airbnb

Property being illegally listed on Airbnb

Briefly: I am neither a host nor guest. I am the owner of a property in Virgina that is being rented out without my permission, and in violation of the long-term lease, HOA guidelines, and County ordinance. This is a clear violation of the lease our 12-month tenant signed with our property management company. Adding to the confusion/complexity, the “superhosts” listing the property are *not* our tenant. I have no idea who these people are, nor does the property manager. In the meantime, the HOA and neighbors are angry, strangers are in my house, and I’m potentially liable for $500/day in fees from the County (in addition to the liability risks). 

 

Contacting AirBnB was useless. They would only tell us to contact the “hosts.” I managed to message the listed “superhosts” via AirBnB - and they did not respond, but the listing was removed. (Their other listings are still up on the site.) However, neither they nor AirBnB will confirm that future reservations already made have been cancelled. (The “hosts” have never responded, period.) Our tenant has also been unresponsive - I don’t even know if he is still living locally. 

 

My concern is that we will continue to have AirBnB “guests” showing up for the next few months. The house is one of a series of townhouses in a small cul-de-sac with very nosy neighbors and extremely limited parking. There is no way these people will go unnoticed. I (along with the property manager) have already had one stressful encounter with AirBnB renters, who truly believed they had been renting from the owners and were understandably very upset to find out their presence there was illegal. I would like to spare future “guests,” as well as myself, a repeat of this experience. 

 

Legal action is being taken against the tenant, who must immediately stop or face eviction within 30 days. However, that does not guarantee that the people listing (again, not my tenant - although I assume they are acting with his knowledge) will cancel reservations which have already been made. It’s bad anough that AirBnB doesn’t verify that the people listing actually have a legal right to do so, but it also horrible for their “guests” to show up to a place only to be informed the place they are renting cannot legally be used as an AirBnB. 

 

Does anyone have any advice or experience with this sort of situation? Is there any legal means to get AirBnB to confirm future listings are removed? We are willing to take legal action outside of the standard civil eviction process, if it guarantees that the people doing this stop. 

 

Thank you. 

 

 

32 Replies 32
Mar125
Level 10
California, United States

@Ac21 

 

Your lease is between you and your tenant. If you grant entry to your tenant, not any one else, then the license he subleased to airbnb is a breach of contract. You don’t have to prove airbnb listing is illegal or what. You’ll have to proof burden that your tenant is breaching your contract, which isn’t easy.. You are facing shale of shale (hosts IDs, airbnb records, airbnb listing time). 

 

You are most likely losing the eviction case unless you can absolutely sure the listing is your property’s address. 

 

you shall have made a reservation at this listing just to prove the address of it and then try the eviction route.

that”s why i never do long term rental. You can not control sublease in these days.

Sharon1776
Level 2
Melbourne, Australia

I am in a similar situation. Our long term tenant is subletting our property. We have given them notice to vacate in line with local laws (Vic, Australia). They continue to have the property advertised beyond the eviction date. 
Either way, I have contacted air bnb who refuse to remove the listing even though I have evidence of ownership, proof of contract showing illegal subletting and notice to evict.  

Taking tenant/airbnb to court is not a realistic option here. I’m not after legal advice - just advice on how to remove the listing. 

Has anyone had any success with removal of an illegal listing? 

 

Helen3
Top Contributor
Bristol, United Kingdom

In your situation I would post on Airbnb's social media asking why they are refusing to remove a listing that you have demonstrated to them is being illegally sub let @Sharon1776 

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