How to sue AirBnB in small claims court

Thanks just reminded myself of the case @GutHend.

This was a large scale property developer who said he wanted to cancel because the guest wanted to bring an extra four female guests and he was afraid they would stay over. And the guests (four guys in a two bedroom property) said he wanted to cancel because he was being homophobic.

Unfortunately the property manager had kept his communications about this to phone calls, and had not followed anything up on Airbnb messaging, so there was nothing in writing to back up his side of the story.

Airbnb ruled against the host and closed his listings.

It’s hard to follow up on airbnb extranet. When it’s booked and arrival is same day. They call us and say they wish to do something rediculous. Owners told me to just cancel.

My case is a good reminder to all. That no matter how big you are. If the client makes a outlandish lie. Airbnb might toss you. We have the position now once booked on airbnb never cancel. Make my case funnier that we discriminate. We had a same sex couple ftom airbnb staying that week. Which we had nothing but excellent experience with. So. When you call airbnb or they call you. And they remind you this conversation is being recorded. Remember it’s not for training. It’s to get you.

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Do you have witnesses that you can bring on that if interested Airbnb could have easily found, showing that they just don’t care because they are high and mighty?

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If you mean in the sense of past guests, oh yeah sure!

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Well, if one would try move away from: xxx says so, YYY says this …
What would say a guest saying that stayed at the same time?
Or one shortly before or after?
If you come up with a few, then you can throw that out there: why didn’t Airbnb dig that teeny weeny little bit before closing your account.

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Yep I can try that tact tomorrow if AirBNB a) shows up and b) tries to counter the physical evidence that I will be bringing to the courtroom (the entire toy basket including the training pistol, as well as a small bulletin board covered with thank-you Post-Its from guess).

It’s gone now.

I read this whole thread and watched both of your videos, @PuppyLover. I am so sorry all of this happened to you and I will be following with interest.

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Thank you so much. I have two additional videos in process that will show the next stages of these parallel legal battles.

Yep the guest’s attorney apparently got her to take down that ill-advised AirBNB Hell posting as of April 8, right after included it as an exhibit in the appeal. Here is a copy of the original.

Sued by Airbnb Host for Reporting a Gun - Airbnb Hell

Her attempted pity party for getting sued for her defamatory review was not well received by commenters. Samples:

That was a toy gun and you ruined this woman’s life. You also didn’t retract your review when the guest contacted you that this was a toy gun in a basket of dog toys. Why are you so vindictive?

What you did to the owner of that house was very messed up, Stephanie, and now other hosts like myself are going to be wary of renting to you.

The poster is an example of Airbnb Hell, not the host. She falsely accused the host of owning an unsecured gun and Airbnb shut down the listing no questions asked. Host lost five months worth of revenue due to this inconsiderate guest.
The host has been reinstated on Airbnb. This guest however, should be permanently removed from the site. Completely inappropriate behavior, especially to come here and write this post after she was shown proof that what she saw was made of rubber. Don’t believe me, look at the reviews alone. The host has over 500 reviews, the guest who posted this has only nine. Who are you going to trust?

Why didn’t you leave a note to the host AFTER check-out? You sound like a professional trouble-seeker – try a real job:)

As a disclaimer, I don’t know any of those who wrote the above responses, so the response to the actions of this guest were received very negatively by the neutral/uninvolved parties who responded to her depiction of events.

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I feel like the judges were giving you breadcrumbs. I presume you have been looking at cases regarding unconscionable contracts and will understand if you don’t reply.

Three of the four TOTALLY giving breadcrumbs … heck, ROAD MAPS on how to proceed … I will quote Judge Scurti (original Small Claim against guest) who laid out his views that this was a heinous defamation …Judge Baylor-Thompson (original Small Claim against Airbnb) opened my eyes to the constitutional problems with the Airbnb contract … Judge Pierson (Airbnb 1st appeal) (that video is a doozy and almost complete) all but gave me the correct forms to take Airbnb on to the next level, the Md Court of Appeals …

The video of the Airbnb appeal in front of Judge Pierson is 95% complete, and our very interesting and mutually respectful dialogue goes to town on the problems with the unfair contract, as does the Writ of Certiorari asking the Md Court of Appeals to take the case. (link to Writ, maybe start at p. 7 for the parts where we say this is SO UNCONSCIONABLE it’s unreal.)

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Thank you for doing this! And yes, please don’t sign a NDA, and also if you can, make your transcript and written pleadings available online. You are doing us all a favor by doing this. As one who has filed cases pro se in the past, I know that for a non-lawyer doing your own legal research and paperwork is really a grind.

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Thanks @NordlingHouse I am working as we speak on getting EVERYTHING online so others can copy/paste whatever they need for their own complaints and/or strategy against guests or Airbnb itself.

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She was so frightened by the (OBJECT,) yet she (over)stayed? It’s really just the next level up from a photo of a firearm… not real.! “Scary” to some who have been programmed, but not a weapon. Who cares if she (thought) she saw a firearm, it wasn’t. If she isn’t intent in causing trouble, she’d correct her defamatory statement affecting a very kind lady and her serious loss of income. This Guest has not suffered any from her error. It is only right she pay for the absolutely unnecessary damages her ignorance and rottenness has caused this poor woman. This would be out of the Guest’s front yard had she corrected it even and labeled it a toy gun even… :roll_eyes:

Absolutely ridiculous and unreasonable to have left the review up. I can call Airbnb on any review I’ve left and said I was wrong, please remove it… they will. This means that she is choosing to leave it up, which makes the Guest, rotten.

I’ll bet her attorney advised her to remove it…

I assume you read the whole thread. This guest has been sued for libel. I’m not saying the suffering was commensurate but just clarifying the record.

Yes, one would think so. But a host’s posts here might also be used against them in a court proceeding. It’s best to take care when making statements about hosts or guests in a way that could easily be used against you. I was just reviewing a host’s listing who regularly insults his guests in his responses to their reviews. He is asking for trouble.

Yes of course. I’ve read every comment. My statement was in reference to before this suit, she had suffered nothing for her recklessness. It’s only right she pays for the damages her assumptions caused someone else. We’re not talking host was just “ego bruised.” This is substantial income lost for the inaccurate review left. It’s why we have small claims and it’s too bad she only had to pay $5k. I believe our states small claims allows up to 10k. I’d have to double check that, but just my vague memory from looking into it many years ago.

I wouldn’t be so sure. Unless of course you leave a lot of wrong reviews…

JF

I actually found this forum and this thread because I too am fed up with Airbnb regularly only representing the guests and Almost (always) siding with them, even with substantial proof of abuse, cheating and manipulating my rates.

I’m sure that if hosts band together that we can strong-arm Airbnb into representing hosts who bring them LOTS of money. It’s like the chicken and the egg; which is most valuable to the Airbnb platform, hosts or guests? I believe it to be hosts because without the host and their locations, the guests would have nowhere to go but to hotels and pay more, for less. Hosts standing up to ABNB abuse would destroy their platform, they would be nonexistent and fall into the abyss. A company who appreciates its hosts would then take the market. Forcing them to represent the host (within reason) would only keep guests in line, knowing they have boundaries. Hosts standing up to Airbnb would force them to reinvent their approach when handling hosts complaints. VRBO hasn’t EVER given me a problem in collecting a deposit because it is actually collected from Traveler, held in an account; I’m more content knowing that I have something to fall back on. Airbnb costs me so much time, all kinds of documentation, tons of haggling, finagling to rarely ever get what’s due from the guest. I have a long list of damages and due income they have not provided and I’m sure there has to be class action suits building somewhere, I just need to find them or help get them underway.

I don’t believe this guest has paid anything yet but the OP hasn’t been back to update us in awhile. They have been very generous in sharing information here at risk to themselves so that might be why we haven’t heard back. Or perhaps the cases aren’t yet resolved.

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No, leaving wrong reviews isnt how I know this, it’s because Airbnb has told me that I have the right to remove something if it’s an error, but not just part of it, the entire review would be removed. Also, they have removed guests reviews that were wrong and that I was able to prove her wrong. When they do this they remove both the host and the guest reviews entirely…