Montreal woman stunned after rental property host threatens to sue if she posts bad review
Jacenta Girard and her family used Airbnb to rent a home near Picton, Ont. for a special getaway last month.
Through the website, which allows people to book a room or an entire home that belongs to someone else, Girard found a heritage home called The Young House. It was billed as a stately waterfront vacation home close to the beach and plenty of trails.
On the last day of the family's three-day stay, the owner asked Girard for feedback on the property. She filled him in on some of the issues they ran into, particularly with the septic system.
"You could use the toilets but you had to get rid of toilet paper in the garbage," said Girard. "And every time we went to the bathroom, it would just clog up. So we had to use a plunger every single time."
She suggested he add an outhouse as well as put screens on the windows to improve air flow and keep out bugs.
The owner told her he wasn't able to make certain modifications because of the home's heritage designation.
Girard said she felt they left things on good terms.
Threatening letter
A few days after Girard returned to Montreal, the Young House's owner emailed her his guest review policy.
It said the Young House welcomes positive reviews. But it warned against posting negative reviews online, telling guests if they violate Canadian libel laws, they'll face aggressive legal action, in excess of $30,000.
Girard was stunned.
"I was really scared. I never said I was going to give a review," Girard said. "I got clammy hands and anxiety and wondered, 'I didn't even tell him I was going to leave a negative review. Is this going to be the end of it?'"
Girard said she and her family felt intimidated and decided not to post a review.
They decided to go public with their experience because they felt it contradicted the philosophy of websites such as Airbnb or VRBO, which encourages guests to post reviews about their stay.
That way, people have a clear idea of both the facility and guests' experiences.
Is a negative review libelous?
Jonathan Franklin, a lawyer whose Montreal-based law firm specializes in commercial libel cases, said it's not good business practice to threaten legal or criminal proceedings if someone wants to express an opinion.
"If the person tries to stamp out a fly with a machine gun, the problem is this negative feedback can circulate, especially in today's day and age of viral communication," Franklin told CBC News.
If a renter decides to post a negative review, Franklin advises them to stick to the facts and, if possible, back it up with photos.
Airbnb suspends host
On its website, Airbnb outlines its expectations for hosts, which prohibits content that is threatening. It has similar guidelines for its renters when it comes to reviews.
When alerted to the situation with the Young House, Airbnb sent CBC News this statement:
"Our review system is built on transparency and authenticity and we have suspended this host and listing while this matter is fully investigated. With millions of reviews on Airbnb, isolated incidents like this one are extremely rare."
The owner of the Young House was contacted but declined to comment.
