Guest Suing Airbnb Host

Guest Suing Airbnb Host; What You Need to Know

You’ve probably tried to get a refund from Airbnb and gotten nowhere. Or maybe you’re like one of their victims who can’t even book a room on the site anymore after getting stonewalled by bad reviews. You’re not alone. From what we hear, a lot of people out there have tried all the Airbnb customer service options and still feel like they haven’t been heard.


There are lots of ways to bring an Airbnb complaint, but none with the same power and leverage as bringing a claim through the legal system. So, where should you start if you’re looking to sue Airbnb? You might think there would be tons of class action lawsuits against Airbnb. But the truth is more complicated.


Here is what you can do, so read on to learn;


  • Does Your Claim Qualify for Small Claims Court?
  • Send a Demand Letter
  • Fill Out the Court Forms
  • File Your Complaint with the Court
  • “Serve” Your Forms to Airbnb
  • Show up for Your Court Date


Does Your Claim Qualify for Small Claims Court?


Ready to sue Airbnb in small claims court? True, this can be a great way to get your money back finally. But before you head to the courthouse, there are two things you need to pay:


1) the monetary limit of your state’s small claims court, and 

2) the type of relief available in your state. 


If you have a claim worth less than your state’s monetary limit, you can probably go to small claims court. If you’re seeking any non-monetary relief, however, you’ll have to arbitrate your claim instead.


Send a Demand Letter


Send a Demand Letter to Airbnb. Ready to start your claim against Airbnb? If you’re in California, the UK, France, or Spain (the only states we’ve tested), your first step is to send Airbnb a demand letter. We’ll guide you through it here. It’s really simple – just tell Airbnb who you are, what the problem is, and what you want them to do about it. Later on, you can make more specific demands, but for right now, just focus on telling them about your problem and that you want it fixed.


Fill Out the Court Forms


The next step to taking Airbnb to Court is filling out all the necessary court forms. Each state has a set of forms that need to be filled out, and sometimes counties will provide additional forms. The correct forms for your location will be available for free on your state court’s website. And, make sure you fill out enough copies – most states that require you to file forms by mail or in-person will ask for 3 or 4 copies. If you don’t have the right number, they will not accept your claim.


File Your Complaint with the Court


Once you’ve carefully completed the court forms, you can file them with the Court. Every Court has a different process and instructions. You will likely have to do this either in person, through the mail, by fax, or (rarely) online. The court clerk will give you a stamped copy of the forms and tell you when your hearing. Make sure you keep that copy safe and bring it with you to your hearing.


“Serve” Your Forms to Airbnb


This is called “serving” Airbnb. To do this, you need to deliver a copy of your filed papers to Airbnb. Look at your Court’s website for instructions on properly delivering your forms to Airbnb, or search for “[your state] small claims service of process.”


Show up for Your Court Date


The next steps in this process are to check the court date and location, arrive at court on time with all your relevant documents, and prepare your story to tell the judge. Remember, Airbnb might not show up to respond to you. In that case, present your evidence directly to the judge.

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