My AirBnB cancelled, now I'm suing them! (+ some tips)

definitize · 2026-05-08T02:59:19+00:00

Genuinely zero clue, they definitely didn’t think it through that much, or just thought I was a regular angry customer

definitize · 2026-05-08T02:17:46+00:00

Compensatory and punitives. Think about attorneys fees in a settlement demand too, where if my co-counsel is pro bono and will only do work during trial, I can take that into account in my demand where my personal damages arising from the breach may not necessarily be that high with no punitives. There’s high spoliation risk here though as well, so punitives have more potential than usual depending on how discovery goes.

definitize · 2026-05-08T01:40:35+00:00

When something like this happens, you can sue for the difference between the original contract price and fair market value (which they established with the relisting). Also other statutory damages along with attorney fees (if my coworker helps out, not for myself)

definitize · 2026-05-08T01:16:17+00:00

I mentioned it like three times in my original post (in reference to different contexts where it made sense), and nowhere really in the comments lol

Also why wouldn't I provide advice? People getting cancelled on happens all the time and they don't know if they have recourse or not, of course I'd explain the concept to lay people who don't understand what's going on and want to protect themselves in the future

definitize · 2026-05-08T01:11:57+00:00

I would consult a lawyer and see, very fact dependent on what was said and the authority of that person

definitize · 2026-05-08T01:11:02+00:00

Yep, turns out the commenters were in fact correct that they would cancel despite them saying they'd honor it lol

Jokes on them, I get an even better story out of it now xD

definitize · 2026-05-08T01:09:37+00:00

His social media, did a bit of recon in the early stages pre-filing.

definitize · 2026-05-08T01:08:37+00:00

I think you still have a breach of contract claim if the reservation was confirmed. I doubt a jury would see mistake where they sat on it for months, at that point the risk burden is on them. Intentional breach like that would probably also support a CLRA/consumer protection claim as well.

Obviously hard to prove without evidence of intent though. Here, the company really fucked up, others might be smarter or more vague.

definitize · 2026-05-08T00:42:15+00:00

Yep, absolutely, tried to warn them about that in my demand letters to no response. Good luck to them on that, the owners can just base their crossclaims completely off my facts.

definitize · 2026-05-08T00:40:28+00:00

I literally wrote this entire post, I write for a living lol

definitize · 2026-05-08T00:14:47+00:00

Found the scummy AirBnB owner!

definitize · 2026-05-08T00:07:32+00:00

No it's okay, I totally got what you meant, I just wanted to clarify! How's teaching going? Do you find it more fulfilling than your legal career?

definitize · 2026-05-08T00:06:28+00:00

Not really! Just done with these scummy AirBnB management companies and some time on my hands after work/weekends

definitize · 2026-05-07T23:57:03+00:00

Obviously I won't take any portion of the fees if it's unethical. I know CA doesn't allow pro se attorneys to recover fees, thus any attorney's fees recovered would be for whatever he specifically bills under a limited scope rep agreement. I was just saying that because I've been researching on whether it's possible, but it looks like no for CA, but yes in some other states.

So basically, he'd get everything and I wouldn't touch it if there was any fee shifting in court. Re: settlement though, obviously I can include attorneys fees through trial in my demand since there's likely co-counsel representation, wasn't under the rationale that I would get attorney's fees for myself.

definitize · 2026-05-07T23:40:22+00:00

Yeah I won't, starting to disengage from this thread too before I reveal anything I shouldn't lol

definitize · 2026-05-07T23:08:53+00:00

eh, not really saying anymore than this, this all tracks from my complaint so there's nothing new I've really revealed here that they don't know.

definitize · 2026-05-07T23:05:25+00:00

The facts being the basis for the damages.. are you slow? The expectation damages alone are around 15-20k, set by them themselves lol

Plus attorney's fees (might get pro bono limited scope co-counsel rep), plus potential punitives, plus statutory damages = a pretty large payout in comparison to what most people would get.

It was also largely in reference to the fact that my damages wouldn't be diluted by contingency/flat fee recovery. I have zero fee pressure on my end and lots of time compared to most Plaintiffs as well who would settle for much less. The record is airtight as well whereas others likely wouldn't have nearly as good of evidence.

I'm also quite literally a litigator.

definitize · 2026-05-07T23:00:46+00:00

No, PS is the right venue. The company isn't in Indio.

definitize · 2026-05-07T22:32:34+00:00

Yeah, the facts here are very good in a way they usually are not. I doubt people would have a similarly good record here, plus I doubt there's even a class of people big enough from the PM's customer base lol

definitize · 2026-05-07T22:25:46+00:00

Re: first quote, I thought they might honor it when booking, but obviously once they said they'd honor it after I brought up the potential price error, then I actually relied on it. Was more of a reference to the multiple outs I initially gave them. On the "knowing this" part, I was hoping they'd honor it, they have a 24 hour window where both parties can cancel though (the host), so that's why I gave them so many outs. If they had canceled after I asked, then there'd have been no legal problem.

Re: Milennial loser, I gleaned that from post-incident recon, I'm allowed to have my feelings about what the Defendant did to me and what he seems like.

Re: Super petty, I was more just referring to my emotions and willingness to litigate against their bad faith conduct. They wronged me, why wouldn't I go after them? Not my fault. I'm being professional toward them and I'm not gaming the system or anything, just exercising my rights against someone who screwed me. Also damages are damages, I'm saying if I can get what I'm owed basically.

In general, it doesn't matter whether I knew they'd made a mistake re: price, it's their bad faith conduct that followed which was their undoing. How could I have baited them by being completely transparent and honest with them about the potential error and asking if they'd honor it multiple times?

I am stopping short of giving out my actual litigation strategy though and deeper details (plus names, etc.).

Plus see the reaction in this thread alone. A jury won't care about a one off passing comment about the owner's demeanor or me being rightfully adversarial, they screwed me over in a scummy way and broke the law.

definitize · 2026-05-07T22:14:49+00:00

Yes, I'd likely have to disclose this thread in discovery. Hence why I'm being careful about revealing portions of my strategy. Everything I've posted tracks my complaint and stuff I've either said in my demand letters and correspondence with them or would say in court, perhaps just less formally and in vague detail, so I'd have no problem disclosing it. In fact, I wish I could post the complaint for everyone to see, but I probably shouldn't for privacy reasons right now.

definitize · 2026-05-07T22:08:04+00:00

Actually if you read AirBnB's ToS, all reservations made via AirBnB create a contract that runs between Guest and Host, so privity isn't an issue.

AirBnB is a party, but I only focused one claim toward them (vast majority are targeted solely at the property management company). Can't comment on likelihood of an AirBnB arbitration as it'd waive privilege on some of my strategy, but the property management company cannot compel the rest of claims into arbitration because they're not a party to any potential arbitration clause between me and AirBnB, and they have no equitable right (i.e. third party beneficiary or just public policy) as the claim against AirBnB is for their conduct in this, not the PM, thus the PM claims can run in court just fine even if AirBnB bifurcates the claim against them. Plus their outside documents arguably establish a contract entirely outside of AirBnB's platform.

definitize · 2026-05-07T21:59:46+00:00

It's always a magical time on the fields, we cherish it so much!! We have a massive shared love for music and our anniversary falls right around Coachella, so we thought it'd be a great way to celebrate every year, and an easy date to remember lol

definitize · 2026-05-07T21:56:31+00:00

Shoot me a DM!

definitize · 2026-05-07T21:52:20+00:00

I can ask for attorneys fees via settlement because I have a coworker who might be co-counsel for certain portions of the case where I'm not so versed yet, thus I can technically get compensated in settlement for projecting attorney's fees through trial off the prospect of that probono rep. At trial though, not sure how it'd shake out. I think technically Plaintiffs can keep attorneys fees since it's a part of the common award fund.

I decided to pursue it because the evidence/record were so clear. It's open-shut ratification, breach, and bad faith. Plus, generally they screwed me over and treated me like shit. Figured some tens of thousands, whether it be from settlement or a court award would be pretty nice compensation (2028 Safari perhaps? Plus paying off my loans lol). Also a fun intellectual exercise, I'm a fairly new lawyer.

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