AirBnb Remiss in Addressing Guest Damages, etc. - What do you think?

[Stuart94]

Your opinion please:

The property is an entire single-family house in San Francisco with front steps and a back yard.

My listing says 'No Smoking.' Does that mean no smoking on the entire premises, inside and out, or just outside?

The guest agreed she smoked in the back yard and took the cup with the cigarette butts in side and put them in the kitchen garbage. This is even recorded in our messages on airBnb. There was a strong cigarette smell in the garbage and so I shook it around and found the cup with the butts.

Should she be liable for any fine? She I withhold any of her security deposit?

Additionally, and this is worse in my opinion, she smoked inside the house. In the master bedroom. There are cigarette burns on the window sill. I have photos of these and sent them to airBnb. I later noticed there were also ashes on the floor below the window. I have photos of these.

Is the guest now liable for any damages?

A painter has estimated it would be $200-250 to repaint the window.

I contacted the guest. She was offending and rude and said I was lying about smoking inside, but again admitted to the outdoor smoking, etc.

She has now written a review. I have not yet reviewed her as I don’t want our reviews to be public. I know her review is retaliatory and unprofessional. I spoke with airBnb customer support representative and she read me part of the unpublished review which partly reads - "He goes through the garbage to make up lies." Doesn't really make sense but I don’t want either review published because she is just upset that I caught her smoking inside.

Should they not publish the review? The 14 days is almost up.

And finally, airBnb is being totally unresponsive. I have received two template emails regarding this. No one has replied to my emails or phone calls.

I have called six times and emailed them three times. What gives?!?!

I am told the case manager is Matias.

I want this resolved before the 14-day review period expires so I can do my best to see that her offensive, untruthful and retaliatory review is not posted.

This is the resolution information in the canned email I was sent:

Airbnb: Resolution Center #10925721 Host Guarantee 5356680 Resolution Case

Thanks for listening.

[Alexandra316]

@Stuart94Unless stated otherwise in your rules that the property is completely non-smoking, I would assume that non-smoking applied to indoors only. It honestly sounds to me like your guest was trying to do the right thing by containing the cigarette butts in a cup and disposing of them in the garbage. I would personally give them the benefit of the doubt and use it as an opportunity to tighten up your rules as far as smoking outdoors goes. As far as smoking in the master bedroom, that portion is inexcusable and I would leave them an honest review. 

The Airbnb "security deposit" isn't a security deposit at all: it's just an amount of money that could be charged to the guest if they damage your property. To collect, you would need to prove that there were extra costs incurred by you due to the guest's actions. I would file a damage claim immediately for the damage to the window frame if you want to collect for it, but it may be difficut to prove. However, it sounds like they have already left you quite a negative review, so you really have nothing to lose by asking for money.

[Stuart94]

Thanks for your reply. If I send an estimate or receipt for the re-painting of the wondow do you think they'll reimburse me?

She left the windows slightly open where she was smoking in the bedroom and thought she had broken the window blind. She wrote about the broken window blind on airBnb messenger. She couldn't figure out how to open the blind to get to the deck. This is why, I believe, she smped inside. But I think it further strengthens my case.

[Ange2]

@Stuart94   Yes, it is unreasonable and damaging behavior, but not sure you will get anything out of Airbnb. I have had claims it did not honor for over a thousand dollars worth of damage.  But, if you do not write her a review you will not be able to respond to her review when it's published, and given Airbnb's history I doubt they will delete her review. You could say she's a rule breaker, give her low star rating and thumb her down, that way at least future hosts will have a heads up.

[Stuart94]

Thanks for that. Is airBnb usually this terrible at getting back in touch with hosts? I've had problems in the past and they've been much more responsive.

[Ange2]

@Stuart94    Did you take a look at this, it lays out how to claim for damages: https://www.airbnb.com/help/article/264/what-do-i-do-if-my-guest-breaks-something-in-my-place  

I have found CS to be quite responsive, except for claims (but I have only ever made one),  many CS do not appear to be knowledgeable about the process or terms.  Possibly Airbnb outsource this to a third party, thus the long delays.  Do bear in mind there is a very small window of opportunity to make a claim and then the case is closed.

[Stuart94]

Thanks. I already did that withinthe first three days. Still no contact from any case managers.

[Ange2]

@Stuart94    Did you check your spam/junk mail,  many hosts report finding these kind of emails there, along with deadlines to respond within a limited time-frame or the case will be closed. Aside from that I am sorry but I have no advice to offer unless you can keep calling them and try to get it escalated to a responsive person.

[Rebecca181]

@Stuart94 I once had a guest (not from Airbnb) smoke outside and then dispose of the ashes and butts in the garbage pail in the kitchenette in the cupboard under the sink. My cottage had just been newly painted, to the tune of over a thousand dollars (custom, designer colors and all that). The stink from the ashes and butts was hideous, and was not fully gone for about 2 months. I masked it fairly well with citrus sprays (at 6.00 a can - pure citrus) as I could not afford to repaint. From that point on, I said no smoking allowed within 50 feet of the premises. Did not have a problem after that. Sorry this happened to you. I mean, what on earth were these guests stinking? I mean, thinking?

[Mary1135]

Why are people such dirtbags?!  My goodness.  I have on my listing **NO SMOKING ANYWHERE ON THE PROPERTY**, and in the manual I state "Smoking on the property will result in immediate expulsion from my house", I don't care if I lose money.

So far I haven't had this issue (knock on a bunch of wood), but my husband and I are both asthmatic and cigarette smoke is an awful trigger.  Moreover, my rental is above my workplace -- which is an art studio.  Throwing cigarette butts/ash into my trash could result in the whole place going up in ball of fire.

I have an ozone cleaner (yes I know), and have deployed it numerous times, because of guests stinky cooking odors, heavy cologne, or pet smells.  I recommend you get one of these.  I got the most powerful one (on amazon), and crank it for 2 hours.  Still sometimes I need to do it a few times.

[Tony134]

@Stuart94 Did the guest smoke inside the house before out after you had the discussion about smoking outside? 

I see the expectation where people expect you also not to smoke outside, and think that's pretty over-the-top when I see it.

I've also learned that of you dont give people a reasonable outlet to do something they are going to do either way, they will do it in a way you're not happy about.   Ex. If a smoker shows up at property as told they can't smoke outside, they are going to smoke either way, so of they are going to get in trouble either way, who not inside? That is the mentality you should always keep in mind, unreasonable house rules can be burdensome.

If she totally unprompted smoked inside, drop the hammer in review and file claim. If not, I would let it go.

[Stuart94]

She did smoke inside. That is a fact.

And if someone does smoke outside, I think it is a bad idea to leave the butts inside anywhere, including the garbage. The idea is to keep the cigarette smell OUT of the house. That's pretty obvious to me and I think is irresponsible on the guests part to not abide by that.

I can see why someone might think smoking outside is okay even if it is stated 'no smoking.' I've updated my house rules to read 'no smoking on premisis. Outside and indoors.'

I can also see why folks might not like this policy. I really do not like cigarette smoke. However, honestly, even if my policy clearly states 'no smoking on premisis, insoide or out' I don't really care if guests were to smoke outside as long as l don't kow about it and see no eveidence of it. That has happened in the past and it's been fine.