Complaints

• Initial Complaint

  05/11/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I gave a security deposit to an Airbnb Host and when I decided not to continue with the contract he stopped all communication and kept a $500 security deposit which he does not intend to give back. We agreed on a contract, but that was voided. I was promised a new contract after the deposit was paid, but it was never delivered. I waited the 30 days for return of deposit or explanation letter. There was no contact at all. I sent a demand letter ****************************************************************** the deposit back because of the contract that was never delivered. I would like my deposit back and compensation for financial distress, hardship and theft.

  Business response

  05/20/2022

  May 19, 2022

  RE: Assigned ID: ********

   

  BBB:

   

  We received your postal mailing on May 19, 2022.

   

  The complaint filed by ************************* (also referred to in emails as *****************************) is unfounded, untruthful, and false.

   

  On March 7, 2022, we entered into a residential Rental Agreement, with *****************************, to rent our condominium unit. ***************************** paid a $500 down payment for the Rental Agreement.  A payment plan was outlined. Subsequent emails modified the move-in date from April 2022 to May 1, 2022.

   

  Upon ***** Hostetlers $500 payment receipt, we proceeded to block our propertys rental calendar, so no other renters could book the dates that were rented.  We also turned away prospective renters, as we believed ***************************** was our locked in renter from the Rental Agreement.

  On April 4, 2022, I reached out to *****************************, since ***** missed a payment on the payment plan, hat was due on April 1, 2022. ***** had not communicated with me, so I reached out to determine the status of the payment.  On April 4, 2022, ***************************** emailed me to let me know that she is no longer interested in renting the condominium.  ***** Hostetlers cancellation was less than 30 days prior to move in date.

   

  Within the Rental Agreement, we specified: Full Refund provided if guest cancels 30 days prior to day of arrival.  ***************************** cancelled 26 days prior to move-in date.  This last-minute cancellation event has extremely negative impacts to our ability to re-rent the condominium because the likelihood of us finding a last-minute renter unlikely.  The property will be unoccupied, with no rental income for our business.  We blocked the rental calendar and turned away other prospective renters for over 1.5 months.  The $500 down payment made by ***************************** is not refundable.

   

  ***************************** is financially responsible for the remaining payments on the Rental Agreement payment plan, i.e., the remaining balance of the Rental Agreement.  Please inform ***************************** of this contractual responsibility.

   

  Attached you will find 6 Exhibits as evidence of emails with ***************************** regarding the Rental Agreement.

   

  Please note, the Rental Agreement was not facilitated through Airbnb.

   

  Yours Truly,

   

   

  *********************************

  Pura Vida Properties

  Co-Owner with *************************

  ***********************

  Customer response

  05/24/2022

   
  Complaint: 17188472
  
  I am rejecting this response because:

  The rental Agreement was voided by ********************************* on March 11 2022, four days after the initial agreement, with promise of a revised agreement for May 2022. ****** did not send the revised agreement. I did send the $500 and I was very clear that was for the damage deposit and ****** was very clear that the damage deposit was fully refundable. After receiving my $500 damage deposit it was difficult to get him to answer, if at all, to my emails. Very minimal communication was exchanged after receiving the $500 damage deposit and no communication was made after April 4 2022 when I told him we were unable to move forward at that time. I sent a demand letter via email on May 9 2022, *************************************************************** I attempted to recover the $500 on April 22, 2022 and again April 27, 2022 with no response. 
  
  
  I am asking ********************************* for $1500 for the clearly stated damage deposit of $500 and an additional $1000 per my Tenant Rights for not returning or giving explanation for failure to return my fully refundable damage deposit. If this does not fall under Tenant Rights due to the voided contract this is purely theft. 
  
  Sincerely,
  
  *************************

  Business response

  06/07/2022

  This response and original complaint filed by ************************* (also referred to in emails as *****************************) is not factual, unfounded, untruthful, false, and unethical attempt to extort money from Pura Vida Properties, ***.
  
  Five (5) file attachments are included with this response on June 4, 2022.
  
  Some important facts need to be stated:
  
  1. The Rental Agreement with ****************** (aka ***************************** on the Rental Agreement) was not terminated.  The agreement was modified to adjust the move in date and payment plan dates.  In fact, ******************/********* proposed a payment plan for the Rental Agreement, which was adopted.  ******************/********* agreed to the revised move in date, which afforded her more time to obtain the funds to meet the payment plan.
  2. ******************/********* sent a payment plan on March 2, 2022.  This payment plan does not denote that her $500 was a refundable damage deposit.  The $500 was a down payment to rent the property. A copy of the payment plan is included herein for reference. 
  3. The $500 payment by ******************/********* was never earmarked as a Refundable Damage Deposit.  It was earmarked as Deposit Paid with our mutual understanding that it was a rent down Payment for move-in.  
  4. The modification of the move-in date does not terminate the Terms and Conditions governing the Rental Agreement.  If ******************/********* wanted to change the terms governing the Rental Agreement, she should have proposed such to us.  In fact, the delayed move in date provided ******************/********* more time to arrange for her to obtain the funds for the payment on the Payment Plan.
  5. The Terms governing the Rental Agreement stated that a full refund would be provided if the Rental Agreement was cancelled prior to 30 days prior to move in date.  ******************/********* unilaterally cancelled her ability to meet the Rental Agreement within 30 days, therefore there is no refund entitled to ******************/*********.
  ******************/********* only cancelled when we reached out to inform her that she was late on the next Rental Plan payment obligation.
  6. An email response was sent to ******************/********* on May 9, 2022 outlining our justification for not refunding the $500.
  7. By the Terms of the Rental Agreement, ******************/********* currently owes Pura Vida Properties, *** $2,100.
  

  
  

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