Airbnb is an internet venture capitalism project that became successful by connecting individuals who are willing to rent out their homes to travelers who do not want to stay in hotels. Airbnbs may be homes, cottages, or apartments.
Individuals may use Airbnbs for family vacations, work trips, or longer stays. Travelers enjoy Airbnbs because:
- They are less expensive in many places to rent an Airbnb place than a hotel;
- Travelers like having access to a kitchen;
- Individuals enjoy connecting with local natives rather than feeling like tourists;
- It can be easier to travel with pets in Airbnb rentals than it is in hotels; and
- Travelers like the variety and difference that private homes offer.
Real estate owners and renters also like Airbnb because it allows them to make extra money with minimum effort. Some owners will require renters to sign an Airbnb rental agreement.
These types of agreements outline the terms the renter must follow to use the property and how disputes will be resolved. An Airbnb sublease is similar to renting out the property, just for an extended period of time, typically, 28 days to 6 months.
If an individual is considering renting an Airbnb or is an owner of an Airbnb, it may be helpful to consult with an Airbnb lawyer who can review any contracts before signing as well as help draft a rental contract.
Why Has Airbnb Been Sued by Renters?
Many Airbnb hosts have faced Airbnb discrimination lawsuits from potential renters. In these types of cases, the plaintiffs have alleged that they were denied reservations or lodging due to personal characteristics, including race and ethnicity.
A landlord may also sue a tenant for illegal use of an Airbnb. If the lease contains a no sublet clause, it is illegal for the tenant to rent out the property on Airbnb.
Why Has Airbnb Been Sued by Homeowners?
Property owners have also been sued by municipalities for issues related to Airbnb activities. For example, in San Francisco, landlords were accused of evicting tenants so they could use the property exclusively for Airbnb rentals.
There are numerous issues with this type of activity. Airbnb rentals are not governed by the same codes and regulations as hotels, although Airbnb rentals are similar in nature to hotels.
In addition, in locations such as San Francisco, where housing is already having a shortage and affordable housing is less available, using apartments and other housing solely for Airbnbs can exacerbate those issues even further.
Another city that has suffered from the overuse of Airbnbs is New Orleans. Homeowners who only rent to temporary lodgers reduce the amount of available rentals for individuals who cannot afford to buy their own property.
For many property owners, however, renting to tourists is the only way that they can afford to keep their own property. This is a complex legal and economic issue that is still being addressed by the courts today.
How Do I File a Lawsuit Against Airbnb?
If an individual has an issue with their Airbnb rental, they should first contact the company and try to get a refund. It is important to note that many Airbnb contracts will contain clauses that require an individual to settle their issues using arbitration.
Another option that an individual may use to recover for their losses is filing a claim in small claims court. The processes for filing a claim in small claims courts will vary by jurisdiction.
Small claims courts are only used for certain types of claims, typically under a certain amount of money. Each small claims court has a maximum dollar amount for the claim an individual can bring.
In many states, this amount is either $5,000 or $10,000. However, in some states, it may be as low as $2,500.
There are two categories of relief that an individual can request if they file a lawsuit, monetary damages or equitable relief. Small claims courts typically only grant monetary awards.
If an individual has a claim that is too large for small claims court, they may consider filing a lawsuit in court. It may be helpful to have a lawyer to sue Airbnb due to the complex nature of these types of claims.
How Are Airbnb Lawsuits Handled?
If an individual has an issue arise when they are using an Airbnb, they will likely want to take action to ensure they are reimbursed for their losses, whether they are injuries or property damage. If an individual is injured while on the property, they may be wondering if they can recover compensation from the Airbnb owner or the company itself.
The issue may become even more complex if the Airbnb host is renting out an apartment. This is because the apartment landlord is responsible for keeping the property safe.
Usually, the individual or individuals who are in charge of the premises, whether it is an apartment or a house, are required to provide safe conditions for the individuals on their property. If the individual in charge becomes aware of potential hazards, they must take measures to fix them.
In some cases, this does not occur. If they cannot or do not fix the hazard, they should notify occupants so an accident does not occur.
If a hazard is not fixed, an individual may suffer an injury, for example, in a slip and fall. It may be difficult, however, to hold an Airbnb host liable for injuries.
In some cases, the owner’s insurance policy may not cover injuries suffered when the owner uses the residence for income. The owner may also have failed to inform the insurance company that they are renting the property.
This may mean that the insurance company would not cover the damages. There are some Airbnb hosts that have insurance coverage that does cover injuries and property damages, up to $1 million.
If an individual suffers an injury or property damages while using an Airbnb, they should record what happened, how they were injured or how their property was damaged, and contact an Airbnb attorney.
An attorney can review the individual’s case and determine if they are eligible to file a lawsuit against the owner or the company. As these cases and determining what party is liable is complex, it is important to have the assistance of a lawyer, especially if the injuries were severe or the property damaged was valuable.
Do I Need A Lawyer?
If you are a tenant or a landlord who is being sued for illegal Airbnb activity or injuries or property damage, it is important to consult with a landlord-tenant lawyer as soon as possible. As previously noted, these cases are complex.
Having a lawyer representing you in court or during other negotiations is the best way to ensure your interests are protected and likely your best chance at obtaining compensation for the damages you incurred.
If you are a property owner who rents your property using Airbnb, it may be helpful to consult with an attorney prior to renting your property to ensure that you are properly insured and your rental contract is valid and legal in your state. These steps will help protect you in the event that a renter tries to sue you for damages.
