Airbnb Host Allegations - Legal Advice

chrismatt on 17/04/2020 - 13:54
Last edited 17/04/2020 - 14:07 by 1 other user

Recently I stayed in an AirBNB and the host has left a public comment alleging that something is broken, etc. It is not true. I was thinking of taking legal action as she has put in the public forum. I wanted to get a legal advice. Any suggestions ? Also, is there anyone that I can reach for getting a free legal advice to begin with. I don't have much cash to spend on legal things but at the same time, I would like to clear name and don't want to allow such bad behavior to continue in the society.

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Comments

  • Diji1 on 17/04/2020 - 13:57
    +11

    Came in for alligators.

  • MrHyde on 17/04/2020 - 14:04
    +14

    A couple of things for you to think about

    1) What is the outcome you want to achieve - is it just taking the comment down or some monetary amount
    2) Can you prove that you have lost money or have been negatively impacted directly by the comments (for eg: lost your job - been denied an AirBnB place because of the comment, etc)
    3) How much time and money are you willing to spend to get this resolved. You can get free legal advice from legal aid (who will ask the above two questions) and you can hire lawyers from anywhere between $300 to $1000+ per hour.

    Why not just respond to the public comment saying you didn't break it and leave it at that. Whoever reads the comment can then make up their own mind on who to believe.

    • chrismatt on 18/04/2020 - 23:31

      I am more interested in 2.. as it could impact future Airbnb places

      • SnoozeAndLose on 18/04/2020 - 23:46

        could <> have been
        So you can't prove something have not happened.

        there is no IF

        You better talk to the host and may be just paying for it, much cheaper

        • chrismatt on 18/04/2020 - 23:52

          I would like to get the proof from the owner to say that I broke something which I think is an allegation. Host not responding.

  • Tovers93 on 17/04/2020 - 14:06
    +2

    How severe are these allegations? Legal action is typically very expensive so it wouldn't be worthwhile unless this is a serious and credible defamation.

    Have you tried discussing it with them or raising it with AirBnB?

    • chrismatt on 18/04/2020 - 23:33

      I have responded to the owner but they have not responded back to my queries. I am looking at discussing with AirBNB. I know the legal action is expensive. The question is, can you just allow these AirbBNB folks to take the guests for a ride ? Is the law only to protect the rich ? Is there a system to protect the guests when the owners make baseless allegations ?

      • SnoozeAndLose on 18/04/2020 - 23:47

        The first step should be AirBnB, not OzbargainAid

        • chrismatt on 18/04/2020 - 23:50

          Done. Wisdom of crowd works sometimes

  • BankOfThoughts on 17/04/2020 - 14:06
    +2

    It'll cost you at least $1500 (this is the very cheapest, likely to cost more) to pursue any legal action. You'll need seek an injunction.
    In the alternative you can try to request the forum admin to take it down rarely works though).
    Depends how much it's worth to you basically.

  • runamuck on 17/04/2020 - 14:18

    You want to clear your name? If they only mentioned your name eg Joe Smith, does it really matter? There are thousands of people with the same first name and last name, so who cares unless there are identifiable info about you that can pin you are that actual person I wouldn't worry about it.

    • chrismatt on 18/04/2020 - 23:34

      Since the owner has left the comment on our account. I am guessing when we book the next AirBNB, the future owner can see the comment and might not give us the place.

      • SnoozeAndLose on 18/04/2020 - 23:48
        +1

        New account, different people book instead?

  • holdenmg on 17/04/2020 - 14:19

    Isn't (some) things breaking part of the rough and tumble of AirBNBing?

    Ask the Host and/or Airbnb to take it down?

    Airbnb’s Host Protection Insurance should cover things?

    • chrismatt on 18/04/2020 - 23:35
      +1

      Agree. I am planning to write to AirBNB.. At the same time, we need to let the owner know that such behavior is not acceptable so that future residents shouldn't go through the same pain

  • try2bhelpful on 17/04/2020 - 14:26
    +1

    So what has Air BnBs response to this been? If you haven’t tried to sort it out with them first you don’t have a leg to stand on.
    I always look at negative criticism on Air BnB as much reflecting on the person who left the criticism as the thing being criticised. Did you leave a less than glowing review of the property?

    Have we, really, got to the American “I’m going to sue everyone” mentality?

    • chrismatt on 18/04/2020 - 23:37

      We had left a good review but after a week, the owner has left a bad review about us. It is not about sue everyone mentality, protecting your own dignity and integrity in life. I generally don't accept some random people making comments about your life and your integrity and just get away with it.

  • Serathis on 17/04/2020 - 15:06

    Want to take legal action but no money to take legal action = free legal advice on OzB is the way to go!

  • one man clan on 17/04/2020 - 15:11

    Don't do it, this will lead you down a bad path: https://www.smh.com.au/national/nsw/sydney-man-who-sued-neig…

    • chrismatt on 18/04/2020 - 23:39

      Thanks. I dont know much about the case.. But the question is, if someone is leaving a public comment about you which questions your integrity, what would you do ?

  • voteyes on 17/04/2020 - 15:15
    -2

    Could cause problems for applying for jobs and will definitely impact your credit rating.
    The review should be removed. Compensation needs to be paid.

    • pandamninator on 17/04/2020 - 17:34

      Rofl.

      Last time I checked, credit ratings agencies don't have teams trawling Airbnb reviews.

  • wolffram on 17/04/2020 - 16:42
    +1

    Did you break lockdown to stay somewhere? Come on, you can tell us…

    • Seraphin7 on 17/04/2020 - 18:08

      Maybe it's the lockdown that was the broken item?

    • chrismatt on 18/04/2020 - 23:42

      Ha ha :-) No. It was before the lockdown even started. Owner has left a message saying things were broken, which I would like to challenge.

  • screensaver on 17/04/2020 - 17:48
    +1

    Make a complaint to Air Bnb and say its not true, and leave a very bad review on this host, just keeping it factual, saying Host has accused me publicly of something I did not do

  • whooah1979 on 17/04/2020 - 17:48

    Why would the owner lie? Do they get more money from Airbnb if customers damage the property?

    • chrismatt on 18/04/2020 - 23:43

      I agree. I have no idea. The owner has said I have broken items. I am guessing they might want to claim from AirBNB.

  • [Deactivated] on 17/04/2020 - 17:58

    Have you contacted them? What did they say?

    • chrismatt on 18/04/2020 - 23:43

      Yes, I have responded. No response to any of my queries.

  • crashloaded on 18/04/2020 - 05:39

    Get a group of bikkies round.

    • MynyMouqe on 18/04/2020 - 07:45
      +1

      What sort of bikkies?

      Choc chip?

      Tim Tam?

      • crashloaded on 18/04/2020 - 07:48

        Scotch finger usually does the trick

        • bohn on 02/05/2020 - 15:43

          the ol' scotch finger and raspberry shortcake situation eh.

  • screensaver on 19/04/2020 - 07:59

    Tell airbnb you also want to change your review on the grounds you were unfairly treated after leaving a good review. You now have changed your mind

  • sitdowndisco on 29/04/2020 - 21:09

    So what happened in the end?

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