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. 

 

 

26 Replies 26
Fred13
Level 10
Placencia, Belize

If the listing has been terminated by Airbnb, it stands to reason so have any reservations thus far made.  Until further notice.

I don’t know if AirBnB took it down, or if the hosts did. AirBnB will give us no information, as we are not the “hosts” of the house! My understanding is that the “Host” can take down a listing or temporarily deactivate it, without cancelling future reservations. 

@Fred13 I am not so sure. If the 'host' snoozed the listing it wouldn't show up in searches but will keep its existing bookings.

But this was an action done by Airbnb at the request of the property owner for an illegal action. Stands to reason; until further notice of course, just in case reason doesn't prevail.

Mike-And-Jane0
Level 10
England, United Kingdom

@Ac21 The only thing I struggle with is why YOU are liable to the county for fees. You have done nothing to break the rules - Surely the tenant is liable as they are the ones that have listed the place via a 3rd party.

Airbnb does, I am afraid, rely on the veracity of people listing that they have the right to do so. 

I think it is crazy, but that is the law. Legally the property *owner* is liable, regardless of the rental status of the house. This is true in most places, at least here in the US. 

Mike-And-Jane0
Level 10
England, United Kingdom

@Ac21 ah well - At least you can sue your tenant.

Till-and-Jutta0
Host Advisory Board Alumni
Stuttgart, Germany

Airbnb's position is that Hosts need to comply with local laws and the terms of service. My position, personally, is that the rental arbitrage business is not sustainable. Besides often illegally against the owners (due to missing permission – you can find online courses and videos “How to convince my landlord”; how bizarre…), in this business model each individual unit is generating a tiny bit of profit, but a huge damage to the community.

 

Most of Europe’s big cities are faced with a lack of adequate housing. Local Host and Home Sharing Clubs work hard to convince the city administrations and politicians that we need a fair STR housing policy, which complies with the need of all: hosting owners, guests and community. Home sharing is part of the solution as it helps to provide additional accommodation.

 

Professional rental arbitrage however is part of the problem, as fewer homes will be available for regular housing. At a single blow this business kills all the efforts, achieved by committed community workers by voluntary year-long activities.

 

#NoAirbitrage

I am not against owners of properties, where legal, engaging in short-term rentals. I think it can be great. However, I am amazed and, frankly, horrified, to discover that AirBnB does no due diligence to ensure that properties being listed are either (1) legal in the zip code/community where they are located, (2) if they are allowed, that the legal owner is informed and approves of the listing. Moreover, once informed that neither of the above is true for a particular listing, AirBnB refuses to assist the owner (or community) in remedying the situation. The first would be very easy to determine, at least in the US - check the zip code or parcel ID against local ordinances. The second would also be doable by requiring documentation of ownership or a lease agreement that allows short-term rentals (in fact, I understand that VRBO does this). As for the last point,  situations like the one we currently find ourselves in can’t possibly be good for business - everyone we know personally has been told of our experience with AirBnB, and I would expect the same is true for acquaintances of the “guests” involved, too. If enough of this kind of thing happens, there will eventually be serious political pressure to regulate AirBnB to the point it will no longer be feasible in many places. 

Unfortunately your comments around arbitrage (which is legal) and as you know something Airbnb advocates,  does not help the owner of this property whose property is being illegally used for STR. @Till-and-Jutta0 

 

The issue here is that Airbnb refuses to do anything when provided with evidence by owners that their properties are being illegally used for STR purposes by tenants, when they could easily remove the listing when provide with evidence it is being illegally sub let.

 

Sorry to hear this has happened to you @Ac21  I am a little confused as to your property managers role here in terms of the tenants at the property. Did they find tenants for your property. What vetting checks did they carry out with the tenants before allowing them to take up a long term rental.

 

In your situation I would report the profile of the 'hosts' who are illegally letting out your home and be posting across all Airbnb's socially media channels two or three times a a day saying that you have reported tenants illegally sub letting  your property against local ordinances (and presumably your lease with the tenants) and Airbnb refuses to take the listing down.

 

Can you provide a link to the listing?

Till-and-Jutta0
Host Advisory Board Alumni
Stuttgart, Germany

You are completely right, @Helen3 ; once the child has fallen into the well, good advice is sometimes not easy. I tend to look for the deeper causes so that such unpleasant situations do not arise in the first place. What is described here confirms how unsustainable Rental Arbitrage is. BTW: Many arbitrage cases I know are illegal (like the one described).

We are in a similar situation here in Maryland. I have been unable to get any help or support from Airbnb. So now we have to pay a lawyer to pursue action against the tenant and Airbnb for their negligence and willingness to be an accomplice to these illegal acts. 

I’m sorry you’re in this situation. It is indeed very frustrating. Has your lawyer told you that you have legal standing against Airbnb? If so, on what grounds? We have been told that our only legal standing is against our tenant, not Airbnb and not even the “hosts” (not our tenant) who were actively marketing and renting the place. 

My lawyer believes that should we find enough people who have been defrauded in this way (I am building a list) that yes we have a case. Their belief is that while airbnb may not be responsible for verifying property, once airbnb has been alerted to fraudulent activity they have a responsibility to investigate/rectify it. They are of the opinion that the courts would see a continued refusal to investigate fraud complaints (and remove fraudulent listings) as an effort to knowingly profit off of said fraudulent activity. If you can, message me privately so that we can share contact details.