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Woman evicted for breaking rules at B.C. Airbnb sues — and loses

The host said Airbnb prohibits third-party booking unless that booker is also staying at the home. She said the family breached the house rules on number of guests, parking and smoking.

Figurines are seen in front of the Airbnb logo in this illustration taken February 27, 2022. REUTERS/Dado Ruvic
Figurines are seen in front of the Airbnb logo in this illustration taken February 27, 2022. REUTERS/Dado Ruvic Photo by DADO RUVIC /REUTERS

Faegheh Soleymany Moayed wanted a relaxing getaway with her siblings.

What she got was an eviction order, a visit from police, and a legal fight with the owner of the Airbnb property.

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So Moayed filed a claim in B.C.’s civil resolution tribunal, demanding the owner refund the $417 she paid for a two-night stay, after the owner sent her guests home early. She also asked the tribunal to award her gas expenses of $200 and $1,000 for “pain and suffering.”

But owner Rachel Choquette told the tribunal Moayed had breached Airbnb’s booking policy and rules.

Choquette said when Moayed booked the two-night stay, she told Choquette she was staying there with her brother and sister, but Choquette said that was not the case and so the booking violated Airbnb rules.

Airbnb prohibits third-party booking. Its website says a person cannot book for someone else unless they are staying together.

Choquette said the guests also broke the rules — by allowing too many people to stay at the home, by breaking parking rules and by smoking on the property.

“The parties had somewhat of a verbal altercation,” tribunal member Andrea Ritchie wrote in her decision, adding both claimed to have called police “due to feeling unsafe.”

Ritchie said Moayed submitted no information beyond her original claim.

“Ms. Moayed does not deny she agreed to those (house) rules, or that she broke them, so I accept that she did,” she wrote. “I find it was Ms. Moayed’s actions that ultimately led to the eviction, I find she is not entitled to any reimbursement of her rental fees, gas expenses or alleged pain and suffering.”

Ritchie disagreed with Moayed’s claim that the eviction was without reason.

“Ms. Choquette reasonably evicted Ms. Moayed’s family,” she ruled in dismissing the claim.

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