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submitted by /u/Financial-Dust-4239
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Airbnb Host Didn't Disclose Construction, Won't Cancel My 2 Month Reservation, And Can't Find Comparable Accommodation. What Legal Considerations Are There In This Situation?
Location: Sacramento, California
I'm 6 days into a 2 month Airbnb reservation.
What happened:
- I noticed construction noise on day 1. Nothing was disclosed in the listing.
- The host reached out 5 days in and informed me in writing that the unit next door is being completely rebuilt, that inspections and permits will interrupt sewage, water, and electricity with no established schedule, and that the unit will be unsuitable beyond this month with construction ongoing throughout my entire stay.
- I have documented construction noise multiple times throughout the day on multiple days and found a nail in the driveway where I park my car.
The problem:
- The host refuses to cancel, which avoids Airbnb's host cancellation penalties while making conditions uninhabitable.
- Airbnb offered a $500 coupon but nothing comparable exists at my price point in Sacramento right now. The cheapest alternatives are about $1,500/month more than what I was paying.
- I believe this constitutes constructive eviction under California law and it might be better if I do not leave voluntarily.
My questions:
- Does this constitute constructive eviction in California?
- I have a 2 month reservation and am 6 days in. Does that give me tenant rights in California even though I haven't yet crossed the 30 day threshold of actual stay?
- Should I stay and continue to document until suitable arrangements are confirmed?
- Should I push Airbnb to force the host to formally cancel?
- How do I preserve all my rights while getting out of this situation and getting fair compensation for the lack of disclosure, being forced out, and Airbnb's limited response?
- What else should I be considering?
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