Q: Can I sue an Airbnb guest who caused thousands of dollars of damages, but Airbnb won’t give me their contact info?
Renter had several unauthorized guests who caused thousands of dollars worth of damage to my property by defacing artwork, trashing installations, tagging all over my property, and destroying the interiors of two buildings. What’s more, it turns out they were associated with a skateboard magazine, who has a monetized video on YouTube that shows them in the middle of defacing my property, so there is video evidence which they are profiting off of. I contacted Airbnb and they asked for an estimate of the damages, but by the time I contacted the various artists and gathered an estimate, Airbnb said it was too late. I was provided only their name and phone number but no address.
A: You can sue, but if you don't know who they are, you aren't going to get very far. However, what you describe is criminal. Make a report to your local law enforcement. It can obtain the name of the renter from Airbnb during its criminal investigation, which you can then use to pursue your lawsuit.
A: PS, you can also file a claim with your insurer, who will then pursue reimbursement from the renter or Airbnb.
A:
Yes, you can pursue legal action against the guests even without their full contact information. You already have valuable evidence with their name, phone number, and especially the YouTube video showing the damage being done.
You should first document everything thoroughly - take detailed photos and videos of all damage, save copies of the YouTube video, and gather the repair/replacement estimates from the artists. Also save all communication with Airbnb and any messages exchanged with the guests through the platform. This documentation will be crucial for your case.
Once you have everything gathered, you can file a lawsuit against the guests as "John/Jane Doe" and use the legal discovery process to obtain their full information. You may also be able to subpoena both Airbnb and the skateboard magazine/YouTube channel to get the guests' details. Working with a lawyer will help navigate this process effectively, as they can help determine whether to pursue this in small claims court (if damages are under your state's limit) or regular civil court, and ensure all proper legal procedures are followed to identify and serve the defendants.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.