A real estate law specialist explains how consumers should act when they are wrongfully accused of damaging property
summary
Experts advise guests to record the condition of the property with photos and videos to avoid undue fees after renting an Airbnb, highlighting the need for proof and the possibility of contesting violations.
As daily rentals of apartments and houses proliferate, reports are increasing on social media and on complaint sites such as Reclame Aqui, of guests being surprised with unjustified charges after their stay, often due to alleged, unsubstantiated damage.
Renting apps have become a frequent choice for those looking for quick accommodations for short trips, weekend getaways, professional commitments, or even simple moments of respite. However, besides practicality, there is also a recurring problem: owners accuse guests of non-existent damages and charge abusive fees after checkout.
Rental platforms report that the most common complaints include claims of a wet sofa, stains on fabrics, items presumed to be broken or missing, as well as complaints about excess dirt, even when the property is delivered in perfect condition. In many cases, the guest doesn’t find out about the charges until days later, via the app, and without any concrete proof.
For attorney Ceglia Azevedo, who specializes in real estate law, this type of situation is becoming increasingly common. He adds: “There are owners who try to assign responsibilities to the guest that were not caused by them. Without proof of harm, the charge is completely unjustified.”
The specialist confirms that no additional amount can be collected without objective evidence. “Dated photos, videos, and official records before and after the rental are essential. Without that, there is no legal basis to hold the guest responsible,” Ceglia Azevedo explains.
Another critical point involves values much higher than the actual replacement cost. “Arbitrary charges have become a relevant problem. In some cases, the guest is accused of small errors in amounts that do not correspond to reality, which is what characterizes abuse,” she warns.
What to do when an unjustified charge arises?
The lawyer advises that consumers have a firm and documented position:
• Recording the condition of the property upon entry and exit. Photos and videos are essential. “It is the most effective way to prevent unfounded allegations,” highlights lawyer Ceglia Azevedo.
• Competition is always within the application. In this way the entire history is documented.
• Demand clear evidence. He stresses: “The owner must prove the damage the moment it occurs and the true value of the repair. Without that, the guest does not have to pay.”
• Request mediation from the platform. When called to action, many companies rescind unfounded charges.
• Seek a procon or lawyer if there is abuse. Charges charged to the card without approval or excessive amounts may be canceled in court.
Responsibility is not automatic
Siglia Azevedo recalls that the guest cannot be charged for normal wear and tear. “It is common for properties to already have signs of use, old furniture or pre-existing problems,” he explains. “Without proof of prior condition, the tenant cannot be blamed.”
According to the expert, the key is transparency: both for those who rent and those who host. He concludes: “Renting by app is safe and effective, but it requires care. Documentation, formalization and acting within the rules protects everyone involved.”
Homework inspires transformation in the world of work, in business, and in society. Compasso, a content and communications agency, has been created.