Airbnb Dispute: Legal Options for Guests and Hosts

Who is responsible: Airbnb, the host or the guest

Airbnb's Terms of Service are a contract between each user and Airbnb. The Terms say Airbnb is not a party to the contracts between hosts and guests and does not own, control, offer or manage listings. A host who accepts a booking enters a contract directly with the guest (Terms, introduction; Section 4.2).

The Terms also say Airbnb cannot control the conduct of guests and hosts (Section 15), that guests assume the risk of their stay to the extent the law allows (Section 3.2), and that Airbnb limits its own liability (Section 19). Section 19 says its limits may not apply where applicable law does not allow them.

Whether a claim can be made against a host, against Airbnb or against both depends on the facts and on which law applies. This guide describes the process and the deadlines. It does not assess any claim. Rules called “policy” below are Airbnb's own rules, not law, and Airbnb can change them.

For guests: unsafe conditions, misdescribed homes, privacy and refunds

Airbnb's rebooking and refund policy for homes (effective 6 February 2025) covers a host's cancellation, no access, a home that is not habitable at check-in (for example not reasonably clean, or with safety or health hazards) and a home significantly different from the listing. For these, Airbnb may give a full or partial refund or help find a similar place. The guest must report within 72 hours after discovery, should try the host first through the Resolution Center where feasible and should send evidence such as photos or video. Airbnb may allow late reporting if timely reporting was not feasible.

Airbnb's decisions under this policy are binding, but they do not affect other contractual or statutory rights, and any right to start legal action remains unaffected (policy text).

Airbnb policy bans cameras and recording devices that monitor any part of a home's interior, even if turned off, and hidden cameras are prohibited. Exterior cameras must be disclosed in the listing (policy effective 30 April 2024). A guest who finds a hidden camera can report it to Airbnb.

For an injury, theft or break-in, report it to the police and to Airbnb and keep the evidence. A suit for personal injury in Texas must be brought within two years after the cause of action accrues (Civil Practice and Remedies Code 16.003). Which state's limitation period applies can depend on the claim and the parties, because the Terms choose California law for disputes with Airbnb (Section 22). Do not wait.

For hosts: damage, reviews, payouts and delisting

Damage. Under Section 14 of the Terms, a host with valid evidence of guest-caused damage or extra cleaning costs can notify Airbnb or seek compensation through the Resolution Center, and the guest can respond. Under the Host Damage Protection Terms (last updated 1 August 2026), the host must first ask the guest to pay within 14 days of the guest's checkout. Within 30 days of checkout the host must file the Payment Request Form in the Resolution Center with evidence such as receipts, photos, videos and an inventory of the property. Losses above US$3,000,000 for any one stay are excluded. Airbnb states that Host Damage Protection is not insurance.

Reviews. A review must be accurate and may not contain discriminatory, offensive, defamatory or other language that violates the Terms, the law, the Content Policy or the Review Policy. Airbnb does not verify reviews for accuracy, and the Resolution Center does not handle review mediation (Section 8; Resolution Center page). Use Airbnb's review process first.

Delisting and suspension. Airbnb may suspend or limit an account, remove or restrict listings, or cancel bookings, with or without prior notice, if a user breaches the Terms or policies, violates the law, or if Airbnb reasonably believes it is necessary to protect Airbnb, members or third parties. For minor violations the host may get notice and a chance to fix the issue, and may appeal through customer service (Section 12.3). Airbnb may also end the agreement for any reason on 30 days' notice (Section 12.2).

Limits on recovery. Section 19 caps Airbnb's total liability to a host at the amount paid to the host in the 12 months before the event, with exceptions that include Airbnb's duty to transmit payments and Host Damage Protection payments. The cap affects how much a claim about a payout or an account action can recover.

How a dispute with Airbnb is resolved: Section 23

Section 23 of the Terms says it is an agreement between “you and Airbnb” and applies if your country of residence or establishment is the United States. The Federal Arbitration Act governs it. A written arbitration clause in a contract involving commerce is generally valid and enforceable, except on grounds that would revoke any contract (9 U.S.C. 2; Terms 23.6).

Section 23 does not cover everything. Either side may use small claims court instead of arbitration (23.2). Claims for intellectual property infringement, emergency injunctive relief, public injunctive relief, vexatious litigation and individual claims of sexual assault or sexual harassment go to court (23.5). Class and mass actions and jury trial are waived (23.11–23.13). Court proceedings that are not arbitrated, other than small claims, must be brought in San Francisco, California (Section 22). A user can reject a later amendment to Section 23 within 30 days, but that does not undo earlier agreements to arbitrate (23.17). The steps are:

1. Use Airbnb's own tools first: the Resolution Center for money disputes between host and guest, and Airbnb support or a mediation request. Airbnb's Resolution Center page says that for a mediation request you have only 1 hour to respond.
2. At least 30 days before starting arbitration, send Airbnb a written Pre-Dispute Notice by mail to the agent for service named in Section 23.3. It must state the date, your name, mailing address, Airbnb username, account e-mail, your signature, a short description of the dispute and the relief you seek.
3. If the dispute is not resolved within 30 days, file a written demand with the American Arbitration Association under its Consumer Arbitration Rules (23.6) and mail a copy to Airbnb's agent for service right away. Attach the Pre-Dispute Notice and proof it was sent.
4. A hearing in a case of US$1,000,000 or less is held by video, and a case of US$50,000 or less proceeds on documents unless the arbitrator decides to hold a hearing (23.7).
5. Fees follow the provider's schedule. A user whose gross monthly income is under 300% of the federal poverty guidelines may request a fee waiver (23.8).
6. If the arbitrator finds a claim or defense groundless, in bad faith or frivolous, the arbitrator shall award the requesting party its reasonable attorneys' fees and costs, as allowed by law (23.9).

Deadlines at a glance

Some deadlines are Airbnb policy and some are law. Missing either can limit your options. Airbnb can change its policies, and which state's law applies to a claim depends on the facts.

Practical steps

These steps apply to guests and hosts.

• Save everything with dates: listing screenshots, the booking confirmation, messages, photos, videos, receipts and repair estimates.
• Report in time through Airbnb: 72 hours for guests, and 14 and 30 days for host damage claims.
• Ask Airbnb for its decision in writing and keep the reference numbers.
• In a safety emergency, contact local emergency services first.
• Before sending a Pre-Dispute Notice or filing arbitration, read Section 23 of the version of the Terms that applies to you. Airbnb can amend the Terms.