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And let’s update that situation as well. That appeal was heard about a month ago. The guest showed up to this trial, having skipped the first one at Small Claims, and her testimony was an episode from the Twilight Zone. She doubled down that she had seen and touched “a real gun” (what the holy ####), which is metaphysically impossible insofar as I have never had any guns in my home or elsewhere in my property. It was bizarre as all get out. It was clear that she has some kind of vendetta against me, as at all possible junctures she avoided a sensible solution to her concerns:
Didn’t talk to me about her concerns
Admits to sneaking around my house for days trying to photograph my alleged “9 mm handgun,” and was thwarted at every turn by my presence in my home. It’s kind of convenient that she DOESN’T have a photo, which would show my rubber training device.
Didn’t answer a direct question during her visit as to whether everything was OK
Didn’t leave early
Didn’t call Airbnb until she had left my property and been home for three days
Didn’t express concerns in her private comments to me, these went into her public review, leaving me vulnerable to a home invasion as she described a “9 mm handgun” (much prized by thieves) “in a basket by the front door” (hey, why don’t you draw them a map?!)
Never corrected the record after her attorney attended the trial in February
Still is holding on with a death grip to her hallucinatory belief (she has very poor vision) that she saw and touched a real 9mm and it was cold metal.
Never gave me any benefit of the doubt at any juncture despite the fact that she has ruined my finances with her bizarre fixation on a nonexistent “weapon”
Went to town on being a mother of three and concerned about children coming into my listing. Despite the fact that, I don’t allow children in. As with her erroneous and much-treasured belief that I had a handgun, she has an erroneous and much-treasured belief that while I do not take under-12s per my Airbnb preferences, that somehow I take 12-18 year olds therefore. Which, I do not.
Has not thought through the fact that Airbnb is not our “employer,” it is just a haphazard listing service that just has to hear the word “weapon” to delist a host.
Never thought through the allied fact that Airbnb relies on call centers in varied parts of the world that have no clue what they are doing. As I told the judge, a communique like this one from a guest is a straight-up death sentence, as Airbnb never describes the exact problem to the host, provides no appeal mechanism, and thinks it is not liable for damages.
ACTUALLY STATED that she does not think she is responsible for what happened to me, and is blaming it on Airbnb. Kind of a Daisy Buchanan (the socialite in The Great Gatsby) view of herself, wrecking other people’s lives without a care in the world.
The judge took a couple of days to issue his ruling, which reads more like marriage counseling than a legal opinion. He found that I in fact did not have a weapon, but that the guest was not negligent, and thus found in her favor. IMO he missed the clear animus that this guest holds for whatever reason toward me, that prompted her to act in such a damaging manner and to be insufferable during her testimony.
It’s clear when 650 guests love staying, and to an amazing extent do such gracious acts as returning with their parents to sit down for tea (many younger guests have done this, such an Old World tradition) so as to thank me for really looking out for their welfare, and one decides to figuratively gun you down, without giving you any benefit of the doubt, that malice and negligence drive that engine.
Working on the appeal now, to the Maryland Court of Special Appeals.
It’s a tough road and very labor-intensive, but you gotta do what you gotta do.
Have you set an AIRBNB security deposit on your listing? Hosts, especially with places like yours often make it $1500 -$2000. It kicks in if they do damage but you have to notify AIRBNB immediately & as you did this time, document the damage. I had a guest last summer that had to pay over $300 in damages & another guest (1st time AIRBNB user, lady over 50) did $60+ in damages. She refused to pay but AIRBNB reimbursed me.
Well, she stated she was monitoring the video cameras, witnessed transgressions, they went so far as to obscure the cameras and so there were obviously hinky things afoot and yet, nobody went by to check on the situation.
Many people here that have surveillance cameras do for this very reason, so they can be on top of it, and ensure their place is being cared for, neighbors arent being inconvenienced, etc.
And I never said that the host should be responsible for ALL the damage. I think that the guests should be charged for a reasonable percentage of it. However, I dont believe that the onus is off the host when they were aware of trouble, didnt respond to it immediately and could have mitigated their losses.
And I am not saying that the guests werent petulant, disrespectful losers. They were indeed. They should be banned from Airbnb…But the host shares some of the accountability.
She never stated she was live-monitoring (unless I missed something?), just that the guests obscured the cameras with balloons, there were fights, etc. This would set a terrible precedence (that hosts should be responsible for monitoring their properties 24/7) if they want any kind of damage coverage.
In case you haven’t noticed, while the Superhost line still exists, there is no longer a dedicated group of customer service people for the Superhosts. The Superhost line now bumps us to the head of the regular customer service line. We don’t have to wait as long as non-Superhosts, but we no longer get more seasoned, knowledgeable customer service people. If you read the Superhost benes, they’ve changed the wording to “Receive priority support when you call Airbnb.”
I agree with you. It seems like regardless of a detailed legal and signed Rental Agreement clearly stating No Parties, and No Events, and "Quiet Enjoyment in a Residential neighborhood, and that your policies or rules are clearly stated in your House Rules and your required Rental agreement, that SOME people still think your home is just a “do as you will free for all” once they have Checked-in! We are new hosts and so far it is fifty-fifty split so far. Half of our guests have brought extra guests and thrown parties, and half have complied with our House Rules and Lease Agreement have only brought the actual number of registered and paying guests that they booked the reservation for. And its idiotic that they bring the extra people and throw the parties on our premises because we have RING and can see from the motion sensor activated camera recordings who has come onto our property!!! It is astonishing the gall of some people!!!
For what’s its worth. The first guest that obscured the cameras with balloons. I called her immediately and she claimed it was an oversight and that balloons were everywhere. That is baloney. She removed the balloons immediately.
I sure noticed this difference betweymy claim from February when I called Customer Support to recently. The customer support has been horrendous. The agents I spoke with were so unhelpful and didn’t even know their own policies (like involving Airbnb after no response in resolution center request after 72 hours). My recent claim has taken over three weeks for Airbnb to respond. They never explained why. Awful customer service.
DEFINITION FROM INTERNET: " Do tenants have the right to quiet enjoyment?
As a rule, the implied covenant of quiet enjoyment is explained as a promise made by the landlord to maintain a tranquil environment that the tenant can reasonably use and enjoy. Tenants have the right to a space that they can occupy peacefully without recurring disruptions and disturbances."
Agreement should be extremely specific to each group - specifies # of adults, # of kids # of vehicles and specify the damage $$$ amount for violations, and your method of collection and venue etc.
Have each paragraph initialed and also initial bottom of each page and full signature on final page.
The infractions will cease. They will voluntarily cancel before arrival, or they will contact you with the true number in the group.
Our lease was written by our Real Estate attorney so I will suffice to say it is detailed in every way possible for a single family dwelling.
However, It doesn’t matter because “some” people are going to do whatever they please some if the time regardless of a signed Rental document, House Rules, Policies and Procedures, and or AirBnB disclosures. Period.
Real Estate attorneys are not STR owners. It may have all the info, but it doesnt lay it out to protect your interests obviously.
It is all manageable 99% if the time. You are having regular repeated situations, therefore somthing is not getting the message across in your contract or in your listing.
I doubt your contract, which you have signed and returned 24 hours after a booking, has numbered bullet points, spelled out just exactly I suggested including exact # of adults, exact # of kids, max # of vehicles and then specify the $$$ amount for violations, Intitialed by guest next to each line.
Then guests 99% do hear you and “some” people doing violations drops to a miniscule amount.
Period.
You’re simply wrong and clearly make a ton of presumptions.
Yes my attorney does own STRs (multiple) in my city, (more) in my state.
And she has been an AirbNb client since it’s existence but also HomeAway, which predates it, as well as other STR platforms, some better than others.
She has been on national RE expert panels specifically created for STR’s as also a developer, not just a licensed RE attorney.
Also I’m a CPM through IREM and a CAPS, and have been managing real estate rentals, of every type including STRs, since 1979, so 40 years.
As I stated the Lease requires Signatures by “every guest” that is 18 years and older and the lease addenda initialed. Which is the legal age for signing a short term rental lease agreement in my properties county.
However, what I’m saying is that “some” not all people will sign everything you put in front of them and despite doing so they will push the limits and do whatever they feel like doing anyway.
Why? Because, It’s in their specific human nature to try. Not in everyone’s, but their’s.
And by the way you might try not to sound so “absolute” on your postings, because nothing in life or human nature is absolute, and doing so makes you sound not only ignorant, but uneducated, and lacking in real life experience. Just a suggestion though, and I doubt my suggestion will phase you.
Wrong again. You really do make a ton of presumptions.
My attorney is not only a RE attorney she is a STR developer and owner of multiple STRs in my city, but also my state. She has been on STR real Estate panels on a national level.
She has been a host via AirBnB since its creation and also HomeAway, which predates it. As well as other STR platforms. Some good some average.
I myself am a CPM, and a CAPS and have managed STRs as well as standard term rentals since 1979, yes that equals 40 years to date.
We have every adult 18 years and older sign, as well as initial. Because that is the legal age WE can take somebody to court regarding a signed legal STR document in our specific host city/county/state.
But, Anybody can sign a lease, initial all the paragraphs and still break any one or all of those bullets. We just hedge our bets that perhaps they won’t.
Some people (not all) will still try and push the limits of the lease, with I’ll intent. simply because it’s in their nature to do so.
But what I’m hearing from you is a lot of “absolutes.” This will absolutely happen and that will absolutely happen…
Which in life there aren’t any “absolutes,” aside from “death and taxes” that is.
And trying to state that there are, only makes you sound less educated, less knowledgeable, and certainly lacking in real life experience.
But then that’s only an observation, not an “absolute.”
Okey dokey. Since you want to argue and prove yourself right, I guess you know what you are doing. I simply dont have the problems you do and there must be a reason. Best to you. Thanks for all the insults. Hope that made you feel good.
She stated that she saw a party of 30 people and the guests blatantly obscure cameras, the guest did so, she stated that she knew the guest was lying about why the cameras.were obscured at that point, but yet she went to sleep, not waking for the 24 notifications In.a.2 hr span that she received from her phone?
If there was any personal investment in the house, or in the community, she would have sent someone over to check on the place, and at the very least apologize to the neighbors for the first part of the party that she was aware of. But to go on to sleep soundly, without a concern in the world is what troubles me.
She was aware of the disturbing and dishonest behavior of the guests yet was lax in her response., and dismissive of her responsibility to the local people who had to put up with the nightmare. This type of Hosting is what makes people wary of lodgings like Air and is what presents it in such a negative light.
You don’t have to agree with me. We all have our own opinions but if you see a guy walking into a bank with a gun, you dont hope for the best and head home. One would hope.
No this isn’t accurate. When I saw the cameras obscured (and then Unobscured) there were only a handful of people visible on the camera. I did contact my neighbor immediately. The visitors were supposedly leaving. Everyone went inside and out of view of the cameras and it seemed things calmed down until much later—after 1am.
I wouldn’t just ignore this kind of a situation. Only after spending many hours over the next several days reviewing the footage did I realize there were 30 people there.
