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26 February 2025

How To File An Arbitration Demand Against Airbnb For Wrongful Deactivation Or Suspension Of Your Host Account

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You may feel powerless if you are an Airbnb host who has been wrongfully deactivated or suspended from the platform. However, Airbnb's Terms of Service require...
United States Litigation, Mediation & Arbitration

Wrongful Deactivation or Termination of Your Airbnb Host Account

You may feel powerless if you are an Airbnb host who has been wrongfully deactivated or suspended from the platform. However, Airbnb's Terms of Service require that most disputes be resolved through arbitration rather than traditional lawsuits. After you've exhausted your efforts with Airbnb customer service and attempted to escalate your suspension or deactivation to a manager, you eventually have to start the arbitration process. We always tell our clients that getting an audience is the biggest challenge after you've been thrown off the platform. The only way to get an audience to continue discussions and potentially resolve your dispute with Airbnb is to go through the arbitration process as outlined in the Terms of Service under the Dispute Resolution section. In short, it is your only option.

This guide will walk you through drafting and filing an arbitration demand, ensuring you meet all requirements and maximize your chances of success.

Step 1: Review Airbnb's Terms of Service & Arbitration Clause

Airbnb frequently updates its Terms of Service (TOS), and you must use the most current version when filing your arbitration demand. As of the last update (January 25, 2023), Section 23 of the TOS contains the arbitration agreement that applies to disputes in the United States

Terms of Service – Airbnb Help Center (note, these are going to be updated in April, 2025)

Key Points to Check in the TOS Under Section 22. "United States Dispute Resolution and Arbitration Agreement."

  1. Arbitration Requirement: You must submit your dispute to arbitration rather than filing a lawsuit in court.
  2. Primary & Secondary Arbitration Authorities:
    • Primary: ADR Services (primarily used for commercial arbitration)
    • Secondary: American Arbitration Association (AAA) – This is where most Airbnb host disputes are filed, and Airbnb rarely objects to using AAA.
    • Covered Costs: Airbnb generally covers arbitration fees in consumer arbitrations, while in commercial arbitration, the fees are often split between the parties.
  3. .Pre-Arbitration Requirement: You must first attempt an informal resolution with Airbnb before proceeding with arbitration.

Step 2: Attempt Informal Resolution with Airbnb

Before filing arbitration, Airbnb requires hosts to first notify them of the dispute and attempt to resolve it informally.

How to Notify Airbnb: Send a written notice by mail to: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833.

Include:

  • Your full name & Airbnb account details.
  • A detailed description of why your account was deactivated or suspended.
  • The damages or remedies you seek.
  • A request for Airbnb to respond within 30 days.

If Airbnb does not resolve your issue, you can proceed with arbitration.

Step 3: Drafting Your Arbitration Demand

Your arbitration demand should follow a structured format. Below is a breakdown of each section:

1. Introduction (Opening Statement)

  • Identify yourself as the Claimant (your name and contact details).
  • Identify Airbnb, Inc. as the Respondent.
  • State that you are demanding arbitration under AAA Consumer Rules, as per Section 23 of Airbnb's Terms of Service
  • Specify whether you are self-representing or have legal counsel.

Example Opening Statement:

"Pursuant to Section 23 of Airbnb's Terms of Service, I, [Your Name], formally demand arbitration against Airbnb, Inc. This arbitration is to be conducted under the American Arbitration Association (AAA) Consumer Arbitration Rules. I have complied with all pre-arbitration dispute resolution requirements, including notifying Airbnb of my dispute in writing and allowing 30 days for resolution."

2. Factual Allegations

This section should clearly outline what happened that led to your dispute.

Background of Your Airbnb Hosting Experience:

  • How long you've been a host?
  • Your performance, including Superhost status, guest reviews, and history of successful reservations.

Details of the Suspension/Deactivation:

  • When and how were you notified?
  • Whether Airbnb provided specific reasons.
  • Any prior warnings or lack thereof.

Your Communications with Airbnb:

  • Attempts you made to resolve the issue.
  • Airbnb's responses or lack of response.

Financial & Emotional Damages Suffered:

  • Lost income from bookings.
  • Damage to your reputation.
  • Emotional distress.

Example Statement:

"I have been a dedicated Airbnb host for [X years] with a [X]% positive review rating. On [Date], I received a notification that my account was permanently deactivated without a valid reason. Despite multiple attempts to resolve the issue through Airbnb's customer service, I received automated responses with no meaningful resolution. My deactivation resulted in the cancellation of multiple reservations, leading to significant financial losses and reputational damage."

3. Claims Against Airbnb

In this section, you must state the legal basis for your claims. Here are common claims used in arbitration against Airbnb:

A. Declaratory Judgment – State that Airbnb's suspension of your account was unwarranted and unjustified.

B. Breach of Contract – Airbnb's Terms of Service form a binding contract. If Airbnb failed to provide a valid reason for termination or did not follow its own procedures, this constitutes breach of contract oai_citation:4!Airbnb Terms of Service – Last Updated_ January 25, 2023.txt.

C. Breach of Good Faith & Fair Dealing – Airbnb is obligated to act fairly toward its hosts. If it removed you arbitrarily, it may have violated its duty of good faith and fair dealing.

D. Violation of Consumer Protection Laws – Airbnb may have violated consumer protection laws by failing to provide clear reasons for deactivation or engaging in unfair business practices.

E. Fraud or Misrepresentation – If Airbnb misled you about your ability to contest suspensions or misrepresented the fairness of its review process, you can argue fraud.

4. Prayer for Relief (What You Want the Arbitrator to Order)

Clearly list your demands:

  1. Reinstatement of your Airbnb host account.
  2. Compensation for lost income from canceled bookings.
  3. Damages for emotional distress (if applicable).
  4. Refund of service fees taken from canceled reservations.
  5. Reimbursement for arbitration filing fees.

Example Prayer for Relief:

"I request the arbitrator grant the following relief:

  1. Immediate reinstatement of my Airbnb host account.
  2. Compensation for financial losses in the amount of $XX,XXX.
  3. Reimbursement of arbitration fees.
  4. Any further relief the arbitrator deems just and proper."

Step 4: Filing Your Arbitration Demand with AAA

Once your arbitration demand is ready, submit it to AAA (American Arbitration Association).

How to File:

  1. Complete Your Custom Arbitration Demand or Use the AAA Consumer Arbitration Demand Form here.
  2. Attach your arbitration demand statement.
  3. Pay the filing fee (Airbnb usually covers most costs, but confirm in their TOS).
  4. Send a copy to Airbnb at their arbitration address.

Submission Options:

  • By mail: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.
  • Online: Use AAA's WebFile System.

Step 5: Prepare for the Arbitration Process

Once your case is filed:

  • Airbnb may offer settlement discussions.
  • AAA will appoint an arbitrator.
  • You will participate in a virtual or in-person hearing (depending on your case).
  • A decision (award) will be issued within 30 days after the hearing.

Final Thoughts

Filing arbitration against Airbnb is a powerful tool for hosts facing unfair treatment. Following this guide, you can craft a strong arbitration demand, navigate the legal process, and increase your chances of reinstatement or compensation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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