Airbnb Claims Through Small Claims Court

You booked what looked like the perfect stay on Airbnb—until things went sideways. Maybe the property was filthy, unsafe, or didn’t match the listing. Maybe your reservation was canceled last minute, or worse, you were injured during your stay. And when you reached out for help, Airbnb’s support either gave you the runaround or refused to help at all.

At some point, you might ask yourself: Can I sue Airbnb? And if so, how?

Yes, you can sue Airbnb—but there are specific circumstances where it makes the most sense, and there are hurdles you should understand before taking legal action.

If you have more questions about suing Airbnb, visit Squabble to access easy-to-use tools, straightforward guidance, and the support you need to take the next step with confidence.

When You Can Sue Airbnb

Airbnb has grown into a global platform that connects millions of travelers with hosts. But like any business, they’re not immune to mistakes—and in some cases, they can be held legally responsible for those mistakes. Here are the most common reasons people sue Airbnb:

1. Property Doesn’t Match the Listing
   • If the Airbnb you booked turns out to be dramatically different than advertised—dirty, missing key amenities, or even a completely different property—you may have a claim for misrepresentation or breach of contract. This is especially valid if Airbnb refuses to refund you.
2. Unsafe Conditions or Injury
   • If you were injured during your stay due to unsafe conditions (like a broken staircase, mold, fire hazards, or faulty appliances), you may have a case under premises liability laws. Airbnb might be liable directly or through its Host Protection Insurance program, which is supposed to cover incidents like these.
3. Last-Minute Cancellations or Being Locked Out
   • If a host cancels last-minute and Airbnb doesn't help you rebook or refund you, or if you arrive and can’t access the property (due to incorrect codes or scams), this may qualify as a breach of agreement, especially if you had to pay out of pocket for alternative accommodations.
4. Illicit Subleasing or Illegal Hosting
   • A homeowner in Los Angeles sued their tenant (via small claims and eviction court) after the tenant illegally sublet their home repeatedly as an Airbnb, violating lease and rent-stabilization rules. The homeowner wanted damages and Airbnb to enforce its own policies.

Can You Sue Airbnb as a Host?

Yes. Hosts can also sue Airbnb. Some examples:

• Your payout was withheld unfairly
• You were removed from the platform without explanation or cause
• Guests caused damage and Airbnb refused to compensate
• Airbnb changed its cancellation policy mid-reservation and left you - footing the bill

In these cases, you may be able to sue Airbnb for breach of contract, negligence, or unfair business practices.

Arbitration vs. Small Claims: Know the Fine Print

Here’s the catch: Airbnb’s Terms of Service include an arbitration clause, meaning that by using the platform, you usually waive your right to sue in traditional court.

But there's good news:

You Can Still Sue in Small Claims Court

Airbnb specifically allows users to bypass arbitration for small claims court, depending on your local laws. That means if your damages are below a certain threshold (typically $5,000–$10,000 depending on your state), you can file a case without a lawyer and make your case directly to a judge.

How to Sue Airbnb in Small Claims Court

1. Try to Resolve It First
   • Courts often expect you to try resolving the issue directly before suing. Contact Airbnb support in writing and document everything. Ask for a resolution and a timeline. Keep it calm but firm.
2. Send a Demand Letter
   • A demand letter is a short, professional letter that outlines:
     • What happened
     • What you want (e.g., refund, reimbursement, compensation)
     • What will happen if they don’t resolve it (i.e., you’ll file a small claims case)

This often gets the company’s attention—especially if it’s well-written and clear.

3. File Your Claim
   • Head to your local small claims court website and follow their process. You’ll typically need:
     • Copies of receipts and communications
     • The Airbnb listing
     • Screenshots of messages or evidence
     • A clear statement of what you’re asking for and why

The court will schedule a hearing, and Airbnb may choose to settle or respond before the date.

What You Can Sue Airbnb For

Depending on your case, you may be able to recover:

• Refunds for your reservation
• Costs of alternate accommodations
• Travel expenses (airfare, transport, etc.)
• Damages for emotional distress (in some cases)
• Medical expenses (if you were injured)
• Lost income (for hosts or guests)

Real Case Example

A New York traveler sued Airbnb in small claims court after a host canceled the reservation hours before check-in, and Airbnb refused to reimburse the cost of a replacement hotel. The traveler had screenshots of his messages, the listing, and the hotel receipt. He won the case and was awarded the full amount plus filing fees.

Challenges You Might Face

• Arbitration clauses: For larger claims, Airbnb may push to move your case to private arbitration, which is less transparent and harder for individuals to navigate.
• Jurisdiction: You’ll need to file in the proper location. Many courts allow you to file in your home state if the transaction happened online there.
• Proving damages: You must be able to show that Airbnb caused you a specific, financial loss or harm.

Final Thought: You Deserve to Be Treated Fairly

If Airbnb failed to protect your safety, honor your booking, or help you during a crisis, you have every right to take action. Legal options like small claims courts exist to hold large platforms accountable—and they often lead to real results.

But the process can feel overwhelming, especially if you’ve never done it before.

That’s where Squabble comes in.

We make it easy to pursue your claim against Airbnb by helping you:

• Check the statute of limitations for your state
• Draft a professional demand letter
• Organize documents, receipts, and communications for court
• Follow a step-by-step guide to filing and presenting your case

Thousands of people have used Squabble to stand up to large companies—including Airbnb—and 95% of users report success.

Airbnb has legal teams. Now, you have Squabble.

Start your claim today—and take back what’s rightfully yours.