💰 Airbnb/VRBO Refund Demands
When a short-term rental fails to meet basic standards or the host fails to perform, California law provides multiple avenues for obtaining a full refund plus additional damages.
Common Refund Scenarios
🏠 Uninhabitable Conditions
No working utilities, pest infestations, unsafe conditions, lack of basic amenities promised
🔒 Lockout/Access Issues
Unable to access property, wrong codes, host unresponsive, early eviction without cause
🚫 Host Cancellation
Last-minute cancellation causing you to find expensive alternatives or miss your trip
🎯 Major Differences
Property substantially different from listing - wrong location, size, or missing key features
💡 Platform Dispute First, Then Legal Action
Always file a dispute through Airbnb/VRBO first. Document your complaint and their response. If the platform denies your claim or offers inadequate resolution, you have stronger grounds for legal action. Save all communications.
Refund Demand Letter Template
Upon arrival, I discovered the property was materially different from the listing and/or uninhabitable due to: [DESCRIBE ISSUES: e.g., no working air conditioning in 100+ degree heat, pest infestation, missing amenities, etc.]. These conditions constituted a breach of the implied warranty of habitability and violated the California Consumer Legal Remedies Act (Civil Code 1750 et seq.).
I contacted [PLATFORM/HOST] on [DATE] and received [RESPONSE OR NO RESPONSE]. The platform dispute process has failed to provide adequate remedy.
📷 Property Misrepresentation Claims
When listing photos, descriptions, or amenities are materially different from reality, you may have claims under California's Consumer Legal Remedies Act and Unfair Competition Law.
Types of Misrepresentation
- Photo manipulation - Edited photos hiding damage, using old photos, or showing different property
- Amenity fraud - Pool, hot tub, wifi, parking not actually available
- Location deception - "Walking distance to beach" when it's miles away
- Size/capacity lies - Listed as 3BR when one "bedroom" is a closet
- Hidden issues - Failing to disclose construction, noisy neighbors, or pest problems
- Review manipulation - Fake reviews or deleting negative feedback
⚠ Document Everything Immediately
Take photos/videos as soon as you discover discrepancies. Screenshot the original listing before the host can modify it. Contact the platform within 24 hours. Your documentation is critical for any legal claim.
Misrepresentation Demand Template
1. The listing stated/showed: [WHAT WAS PROMISED]
2. The reality was: [WHAT YOU ACTUALLY GOT]
These misrepresentations violate California Civil Code Section 1770(a)(5) (representing goods/services have characteristics they do not have) and Section 1770(a)(7) (representing goods/services are of a particular quality when they are not). Under the CLRA, I am entitled to actual damages, and if the conduct was willful, up to three times actual damages plus attorney fees.
📊 Sample Damages - Misrepresentation Case
Example: Listed pool unavailable, wrong location
🚫 Cancellation Dispute Claims
When hosts cancel last-minute or platforms enforce unfair cancellation policies, California consumer protection laws may provide relief beyond what the platform offers.
Host Cancellation Scenarios
⚠ Last-Minute Cancel
Host cancels days or hours before arrival, leaving you scrambling for alternatives
💰 Price Gouging
Host cancels to rebook at higher rate during peak demand period
🔒 Wrongful Lockout
Host effectively cancels by denying access mid-stay without legitimate cause
📝 Policy Disputes
Platform denies refund based on unfair or unconscionable cancellation terms
Your Rights When Host Cancels
Under California contract law and consumer protection statutes, a host's last-minute cancellation may entitle you to:
- Full refund of all amounts paid
- Consequential damages - cost of finding alternative accommodation
- Incidental damages - additional travel costs, lost reservations, etc.
- Emotional distress in egregious cases (ruined wedding, honeymoon, etc.)
As a direct result of your cancellation, I incurred the following costs:
- Original booking: $[AMOUNT]
- Emergency alternative accommodation: $[AMOUNT]
- Additional travel/transportation: $[AMOUNT]
- [OTHER DAMAGES]: $[AMOUNT]
I demand full reimbursement of $[TOTAL] within 15 days of this letter.
⚠ Unconscionable Cancellation Policies
Some vacation rental cancellation policies may be unenforceable under California law if they are unconscionable (one-sided, hidden, or unfairly punitive). Courts can refuse to enforce contract terms that are procedurally or substantively unconscionable. If a policy seems grossly unfair, it may be challengeable.
🔒 Damage Deposit Disputes
Hosts frequently make inflated or fraudulent damage claims to keep security deposits. California law provides protections similar to those for traditional rental security deposits.
Common Wrongful Damage Claims
- Pre-existing damage - Blaming you for damage that existed before arrival
- Normal wear - Charging for normal use (minor scuffs, light cleaning)
- Inflated costs - Claiming $500 to fix a $20 problem
- Fabricated damage - Completely made-up claims with no evidence
- Professional cleaning fees - Charging despite property being left clean
- Missing items - Claiming items were stolen without proof
📸 Always Document on Arrival AND Departure
Take timestamped photos/videos when you arrive AND when you leave. Walk through every room. This evidence is your best defense against false damage claims. Send departure photos to the host before leaving if possible.
California Law on Damage Deposits
Civil Code 1946.2 - Temporary Lodging
Applies to lodging intended for 30 days or less. While full security deposit return rules differ from traditional rentals, hosts cannot make false damage claims or retain deposits without substantiation.
Contract Law - Unjust Enrichment
A host who retains your deposit without legitimate cause may be liable for unjust enrichment. You're entitled to return of the deposit plus potentially additional damages.
Damage Deposit Dispute Template
Your claim is unfounded for the following reasons:
1. [REASON: e.g., The damage shown in your photos existed upon my arrival - see attached timestamped photos from check-in]
2. [REASON: e.g., The cleaning fee is unjustified as I left the property in the same condition as received]
3. [REASON: e.g., The repair cost is grossly inflated - the actual market rate for this repair is approximately $X]
I demand immediate return of my $[DEPOSIT AMOUNT] security deposit. If you cannot provide photographic evidence with timestamps showing the condition before AND after my stay, along with legitimate repair receipts, your claim is without merit.
⚖ California Law - Short-Term Rentals
California provides strong consumer protections that apply to vacation rental disputes.
Key California Statutes
California Consumer Legal Remedies Act (Civil Code 1750-1784)
Prohibits unfair and deceptive business practices. Allows consumers to recover actual damages, and up to 3x damages for willful violations, plus attorney fees. Covers misrepresentations about rental properties.
Civil Code 1946.2 - Temporary Lodging
Governs temporary occupancy agreements for stays of 30 days or less. Establishes guest rights and host obligations for short-term accommodations. Provides framework for deposit and damage disputes.
Unfair Competition Law (Business & Professions Code 17200)
Prohibits unlawful, unfair, or fraudulent business practices. Allows recovery of restitution and injunctive relief. Applies to deceptive vacation rental practices.
False Advertising Law (Business & Professions Code 17500)
Prohibits untrue or misleading advertising. Applies to misleading listing descriptions, photos, and amenity claims. Violations can result in civil penalties.
Statute of Limitations
| Claim Type | Time Limit | Notes |
|---|---|---|
| Breach of Contract (Written) | 4 years | Terms of service count as written contract |
| Breach of Contract (Oral) | 2 years | Any verbal promises by host |
| CLRA Claims | 3 years | From discovery of violation |
| UCL Claims | 4 years | From the wrongful act |
| Platform Disputes | 14-60 days | Check platform's specific policies |
🔍 Evidence Checklist
Strong documentation is essential for vacation rental disputes. Gather this evidence to support your claim.
📷 Visual Documentation
- ✓Screenshots of original listing (photos, description, amenities)
- ✓Arrival photos/video with timestamps
- ✓Departure photos/video with timestamps
- ✓Photos of any issues/discrepancies
💬 Communications
- ✓All messages with host through platform
- ✓Platform support correspondence
- ✓Any text messages or emails with host
- ✓Platform dispute filing and response
💰 Financial Records
- ✓Booking confirmation with full amount
- ✓Payment receipts/credit card statements
- ✓Alternative accommodation receipts
- ✓Any additional costs incurred
📄 Supporting Evidence
- ✓Reviews mentioning similar issues
- ✓Witness statements (if traveling with others)
- ✓Comparable listing prices (for damages calculation)
- ✓Local repair/cleaning cost estimates
❓ Frequently Asked Questions
Yes. Under California Civil Code 1770 (CLRA), material misrepresentations about a rental property are actionable. If the listing photos, amenities, or descriptions were significantly different from reality, you may be entitled to a full refund plus additional damages. Document everything with photos and screenshots of the original listing.
California law protects guests from wrongful damage claims. Hosts must provide evidence of actual damage and reasonable repair costs. If they cannot substantiate their claim, you can dispute through the platform and, if necessary, pursue legal action for return of the deposit plus damages. Always take timestamped arrival and departure photos.
Yes. California Civil Code 1946.2 covers temporary lodging, and the California Consumer Legal Remedies Act (CLRA) applies to vacation rental transactions. Additionally, the Unfair Competition Law (UCL) prohibits deceptive business practices. Local ordinances may also provide additional protections depending on the city.
For breach of contract claims, the statute of limitations is 4 years for written contracts (2 years for oral). CLRA claims have a 3-year limitation. UCL claims have a 4-year limitation. However, platform dispute deadlines are much shorter - typically 14-60 days - so act quickly.
For disputes under $12,500 (individual) or $6,250 (business), California small claims court is efficient and attorney-free. For larger claims or complex cases involving CLRA violations (which allow attorney fee recovery), consulting an attorney may be worthwhile since you can recover your legal costs if you prevail.
💼 How I Help With Vacation Rental Disputes
I assist California guests with vacation rental disputes against hosts and platforms when standard resolution processes fail.
My Services
| Service | Fee |
|---|---|
| Initial Consultation - Review your dispute, assess claim strength | $240/hr |
| Demand Letter - Professional letter to host/platform | $350 flat fee |
| Platform Escalation - Legal demand to Airbnb/VRBO legal team | $450 flat fee |
| Small Claims Preparation - Help you prepare for court | $500 flat fee |
| Full Litigation - CLRA/UCL claims for larger disputes | 33-40% contingency |
💡 CLRA Cases - Attorney Fees Recoverable
Under the California Consumer Legal Remedies Act, prevailing consumers can recover attorney fees. This makes it economical to pursue even mid-sized claims with legal representation, since the host/platform may have to pay your legal costs if you win.
Ready to Resolve Your Vacation Rental Dispute?
I offer a 30-minute consultation to review your situation and discuss the best path forward - platform dispute, demand letter, small claims, or litigation.
Contact
Email: owner@terms.law