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rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 42892
Experience:  30 years as a Texas lawyer dealing in landlord tenant
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I am working on a demand letter to send to Airbnb to my

Customer Question

I am working on a demand letter to send to Airbnb for damage to my property caused in a home I was renting through Airbnb. I want to figure out exactly what clause I need to include to show their breach in contract. I have the entire letter written but need help with that part. It's damages adding up to $8,783. The homeowner was not properly insured and did not have the certificate/permit necessary to rent his home through Airbnb.
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
Letter here:
February 24, 2016Airbnb ***** San Francisco, CA 94103Date of Loss: 02/22/2016Dear Airbnb,The purpose of this letter is to request full reimbursement for my personal property that was destroyed February 22, 2016. The total value of the items that were deemed a total loss is $8783.68. As you know, we have answered every request for information from the homeowner to resolve this with his insurance. I have cooperated fully in providing documentation of my losses in any way that I was able to given the records that I still have.
I understand that AirBNB’s policy is to hold back full payment until every other avenue has been addressed. I do not have homeowners or renters insurance (my landlord carries insurance but does not cover things outside of our residence). We have every intention of replacing all the items in our procession to restore it as it was prior to February 22, 2016. Our personal belongings were in very good to brand new condition at the time of the loss. I am currently unable to replace all of these items without being paid upfront, as I do not have an extra $8783.68 laying around to pay for something without the absolute guarantee everything will be reimbursed promptly.I am anxious to put this painful experience behind me, get back to my home and start running my business again. Having to continually go back and forth between Airbnb employees, the homeowner, his partner, and wait on their insurance adjuster to get back to them seems unfairly time-consuming and emotionally painful.As mentioned numerous times, the property damaged includes items I use to keep my small business running and support my family. If this is not resolved promptly, I will be including lost wages, travel reimbursement, court fees, and my time into this estimate.Here is a list of damages that I would like to bring to your notice with the replacement costs; detailed documentation with photos of damages and screenshots of replacement products and prices have been previously provided:• MacBook Pro - $1857.25
• Canon 5D Mark II - $2,655.19
Canon 50mm lens - $318.98
Conair Curling Wand - $22
Chi Flat Iron - $97
Apple Watch - $423.94
The Horse watch - $165
MacBook Charging Cable with Extender - $108 (two were damaged, original one was grouped into the price of a new MacBook, this is for the backup cable - both are pictured in original documentation)
iPhone 6 Charger - $19
Canon extra batter and charger - $155
Valentino Rockstuds (wedding shoes, never worn) - $1185.19
Suede flats - $130
Suitcase - $360
Duffel bag - $85
Jeans - $30
Zara Trousers - $49.90
Shorts - $18.80
Flannel - $118
Suede tank - $85
Khakis - $110
Leather leggings - $135
Nike Pullover - $79.99
Striped Tee - $14.90
Mauve Trousers - $110
Wool shirt - $40
iPad case - $48
Camisole - $95
Linen Button Up - $79.50
Grey Trousers - $80
Black Wilfred Trousers - $110AIRBNB was negligent in failing to ensure that the house involved was properly permitted and insured and the owner met the necessary requirements to properly rent the property. As a result, I suffered financial harm through no fault of my own.This is a significant amount of loss which comes to $8783.68 – this amount has been carefully calculated as to what it will cost to replace all of the damaged items, so there is no room for bargaining here. If I don't receive payment by March 1, 2016, I'll promptly file this case in small claims court and all correspondence will be handled via my attorney.I really do hope we can resolve this problem short of formal legal action -all I really want is to be able to replace my items and get back to living my life.Sincerely,
Alexis Oiler
Customer: replied 1 year ago.
The attorney I spoke to last night also made a note of a few things that I wasn't sure how to include in the letter, as I don't really understand what these even mean:​> Two SOL periods here , one for damages while on property, one for breach of contract
Damage to property. The defendant damages or destroys your property either with or without intending to damage it. For example, taking your personal property (conversion), crashing your vehicle, going onto your property without permission (trespass), fraud, nuisance, etc. California Code of Civil Procedure section 338. Also for breach of sale of goods, see Californa Commercial Code section 2725.
3 years
from the date the property
was damaged
Contracts in writing. California Code of Civil Procedure section 337.
4 years
from the date the contract
was broken
You still have plenty of time here to sue under either one .
> The rental here through them amounted to a contract.And the breach here was the landlord did not have proper permits, insurance, and also flooding happened on his property. AIRBB did not properly vet their owner to verify coverage and permits.Both were negligent and breached the agreement in that they assured you that this was a legitimate landlord that had set this up as commercial property with insurance and permits, etc.Both have liability to you it appears and you can sue them both.
Expert:  rayanswers replied 1 year ago.

As long as it is within the time you just recite that your property was damaged in the amount of $$$and pursuant to California law you are demanding compensation for the full amount here.