BC court says Airbnb host had every right to evict a family from property

Feb 2 2023, 9:34 pm

A BC Airbnb host was forced to evict a family from her property, and a small claims court found that she was within her rights.

In a BC Civil Resolution Tribunal hearing, the applicant, Faegheh Soleymany Moayed, was bringing a wrongful eviction case against the respondent, Rachel Choquette. Both parties were self-represented.

Moayed claimed that she was owed reimbursement of $417 for the original cost of the rental, $200 in gas, and $1,000 for pain and suffering. In response, Choquette said Moayed breached Airbnb’s policies by booking for a third party, not herself, and failing to follow house rules.

The tribunal was trying to figure out whether Choquette breached the rental agreement by evicting Moayed’s family and whether Moayed was entitled to the damages she claimed.

Moayed booked a two-night stay for four of her family members, not including herself, at Choquette’s bed and breakfast between May 22 and May 24, 2022. The tribunal decision states that there was an altercation on May 23, and police got involved and removed Moayed and the family from the premises. Police were called because both parties felt unsafe.

Moayed claims that Choquette was not entitled to evict her family, which is why she sought reimbursement for the $417 rental fee.

On the other side, Choquette claimed she was entirely within her right to evict the family because Moayed violated Airbnb policies. She also said Moayed violated house rules and was unreasonable and rude, making false accusations against her.

Choquette provided some evidence of her claims, which Moayed did not refute.

Airbnb does not allow you to book for a third party; you must be staying at the rental yourself. Likewise, booking for friends and family is prohibited unless you are staying at the rental with them.

In the end, the tribunal dismissed Moayed’s claims, including the $200 for gas and $1,000 for pain and suffering.

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