Refunds for unregistered and locally illegal rentals

[Wendy1354]

After using Airbnb happily for years, I just had a nightmare experience. Due to how poorly the host handled it, I became so upset that I started looking into how to report this short term rental to the city for safety, health, and fire hazzards.

It was then I realized that the property is unregistered, unlicensed, and illegal according to local law. 

Since I was outside the 24 hour check in, the host has been awful about a refund for the remaining days that I rented. 

But from what I’m reading, I shouldn’t have to pay her anything since the whole property is operating illegally. 

Anyone have anything to share about this situation?

and thank you to the many wonderful host who care and treat others with dignity and respect. 

[Sarah977]

@Wendy1354  Whether you are eligible for a refund or not has nothing to do  with whether the listing is operating illegally or not. Airbnb turns a blind eye to that. 

Both guests and hosts report illegal listings and Airbnb does not remove them.

You would have to pursue a refund based on something unacceptable about the accommodation itself or the host's behavior.

And thank you for acknowledging all the good hosts out there who operate legally and try hard to give their guests a good experience. 

[Leo-And-Katrina0]

Hello Wendy.

Curious how this resolved for you.  We have a similar situation.  We are hosts ourselves but recently traveled and stayed at one of the worst properties imaginable.  Issue after issue.  The host (management company) is not cooperating and Airbnb seems to tolerate a very low level of service and quality. We are actually seriously contemplating removing our listings.  The property we booked is operating illegally and Airbnb is not responding to any communication.  Thank you.

[Shirley26]

Here is a small segment of what Airbnb recommends a potential host to be aware of in one's  community.

"As an Airbnb host, it’s important for you to understand the laws in your city, county, state, province, territory and/or country (your “jurisdiction”). As a platform and marketplace, we don’t provide legal advice, but we do want to give you some useful considerations that may help you better understand laws and regulations in your jurisdiction."

[Shirley26]

In my community we have ordinances that stipulate how we can operate.  Zoning and the Health Department inspects our property.  As a host, I must be the owner and live on the property.  The idea  behind that is to maintain our neighborhood.  The city has software tools that helps identify those not in compliance.

I can't  speak for others, but this is how it works here.

[Caroline2796]

Wendy? Did you ever resolve this.  I’m dealing with a shady guy right now and an illegal listing.   Airbnb has been of no support 

[Wendy1354]

Hello @Caroline2796,

AirBnb was able to negotiate a partial refund for the days I did not stay at the property (but had already paid for). 

I reported the property to the city, but it is still listed so I imagine the city did not do anything about it.  AirBnb does not seem to care about illegal listings, they leave that liability with the owner. I think I was able to get a partial refund because the place I stayed had health hazards (fire risk with faulty & overloaded outlets as well as roaches). 

In the end, I'm glad I got a small refund. AirBnb helped me as much as they reasonably could within their guidelines. 

I'm sorry you're having a bad experience. 

[Edward905]

Many AirBnB users do not have the resources to litigate, but if the listing, which is part of the contract is illegal then the contract is likely unenforceable, including the relevant non-refund clauses. 

I did not realize AirBnB did not generally give adequate attention to ensuring adherence to laws.

I'm currently rethinking whether I can use AirBnB in future, outside of jurisdictions that force AirBnB to ensure adherence with the law. 

Take care. And I hope things resolve well for Everyone.