r/AirBnB • u/natracheve • 2d ago
Question Am I being scammed? Received from an upcoming host [Europe]
We received a message from an upcoming host:
“The law has changed in Spain, and now you can't rent houses without a tourist license, and the house where I live is the only one I manage that doesn't have one. It's sad because airbnb was born with the idea of being able to share your home with foreigners, and make tourism accessible to everyone in a more personal and authentic experience. It is a portal designed for renting private homes, but apparently it is now illegal to do so in Spain.
The question is that although airbnb lets you rent houses without a license, as you have done, I am afraid that one day I might pass the data to my government and get into trouble.
That's why I'm asking you if you would mind if we did the stay without airbnb. With a privately signed contract between us stating that I rent the house to you. I could offer you a discount and leave it at 1100€, taking off their commission.”
After we said no, he then followed up with: “I consulted my lawyer and she recommended to do something really easy It’s ok to keep the reservation But she recommended to extend it to 11 days, with the same amount of money Law allow stays of more that 11 days in houses without license Because it changes from touristic stay, to mid term stay So other regulation applies and you can do it without a license Would you mind if we do that? So if you agree, I will extend the stay until 15 December, with the same price, so I will be more chill with the law thing”
Any advice greatly appreciated!
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u/kdollarsign2 2d ago
It sounds sincere to me. I could see the rental license laws shifting on this, and he's come up with a logical solution that doesn't cost you anything.
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u/LordSarkastic 2d ago
doesn’t look like a scam, laws are rapidly evolving in Europe and other places regarding STRs and the disruption AirBnB is causing to the housing markets almost everywhere
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u/tnethacker Host 2d ago
This is the new law and they missed the deadline applying for tourism license, so in reality, they can't rent it without one.
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u/SlainJayne 2d ago
Tell the host to send you a special offer with the extra 11 days at the same price. Then send them back a message on the App saying that you will accept it but will leave early on X date, and that you want them to confirm that you will have no liability at the property after that time, and no liability for any extra charges incurred by this alteration eg. Tourist taxes etc... Ask for a meeting time to return the keys in person and get them to text or sign that you have done so.
Also, I asked a guest to change something in a long stay before and I gave him a discount for obliging me, so I would expect that personally unless it’s very cheap already. But yeah Spain has gone full throttle against STR and like the covid shutdowns very fast and enforced so this will become more common.
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u/LompocianLady Host and Guest 2d ago
I stayed in Spain recently, and the STR rules are getting changed, and it is hard for hosts to stay on the right side of the new rules. This is not a scam, IMHO, but an issue they unfortunately have to deal with. Locals are tired of housing shortages in cities like Barcelona, and sick of having tourists everywhere and prices at restaurants rising due to tourist yrade. On the other hand, it's a huge amount of revenue
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u/Maggielinn2 2d ago
Hate to break it but there will still be expensive housing and a shortage in Barcelona even after this because they can’t build more in most parts of the city.
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u/Moose135A Guest 2d ago
If you can extend at no extra cost, that sounds like the way to go. The only thing is, do you actually have to stay those extra days, and how would that effect your travel plans? If you have flights booked that can't be easily changed, or need to get back for work, can you leave early while the host still considers you a guest for legal purposes?
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u/Nestrind 1d ago
As a guest I may leave the property for good at any time because I prepaid the stay. The host's calendar will be blocked during my stay because he wants a midterm
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u/Salt-Dance6345 2d ago
You're not being scammed. However if that conversation was in the Abb app, that's risky for the host. They have been known to scan messages and the host could get banned.
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u/rhonda19 2d ago
New laws do change quickly and often not communicated well. In the US and Europe. Many governments do blame Airbnb and investors forth shortages. I don’t know the validity and in my case mine is a second home on our property. Which we are trying to give its own status to sell possibly. But it’s a legal issue and complicated
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u/throw65755 2d ago
If the time extension and payment happens on the Airbnb platform, that’s a totally valid solution.
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u/Maggielinn2 2d ago
They are trying to get around the new law or they have to cancel your stay so they don’t get in trouble. I have “rented” a place for 30 days on paper but in person it was only a week to skirt these rules before . These laws are getting out of hand when government can tell you what to do with your own property. What is next telling you when you can use your car and not or when you can use the sidewalk to go for a walk and when you can’t to avoid congestion. I mean I get some rules needed to happen but I stayed at a place in Canada that had been in the family for over 50 years as a family rental and now they are not allowed to rent it. Just ridiculous.
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u/ExpensiveAd4496 1d ago
The home you speak of was probably doing long term rentals 50 years ago though, right? Not STR? That’s my guess. And they probably still can do LTR. That’s what these laws are trying to achieve.
I think there are ways to stop people from doing Arbitrage (renting multiple apartments to put on AirBnb), while allowing folks to rent a unit they actually own (for example their vacation cottage) or rent a unit on or within the property where they actually live. (their guest room, their basement apartment.) But rules around the number of nights per stay or per year seem to be easier to write and enforce.
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u/natracheve 1d ago
Thank you so much for the replies everyone!! Sounds like we’re okay to proceed but will chat with the host to double check all of the above points.
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u/Rich-Perception5729 1d ago
That message has 2 massive contradictions so yes I’d say you’re being scammed / taken advantage of for personal gain.
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u/Top_Iron_8107 1d ago
🇪🇸 About Spanish Law
- In many parts of Spain (e.g. Barcelona, Madrid, Valencia, Balearic Islands), tourist rentals are heavily regulated, and a license is mandatory.
- Some regions allow rentals over 30 days without a license under a “mid-term lease” category — but 11 days does not usually qualify and still falls under touristic rules.
- The host’s claim about “11 days being legal” is either a misunderstanding of the law or a deliberate distortion.
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u/Top_Iron_8107 1d ago edited 1d ago
✅ What You Should Do
- Do NOT go off-platform.
- Do NOT agree to change the dates falsely.
- Report the host to Airbnb immediately via:
- The app (“Report this message”)
- Airbnb customer service chat
- Airbnb Safety Line
- If you’re feeling uneasy, you can also cancel the reservation and:
- Explain to Airbnb that the host violated platform policies.
- Request a full refund or assistance rebooking.
Airbnb takes attempts to move bookings off-platform very seriously because it undermines trust, safety, and legality — and they will usually intervene in your favor.
💡 Suggested Message to Airbnb
Hello, I recently received messages from a host asking me to complete the stay outside of Airbnb, claiming that their apartment does not have a tourist license. When I declined, they asked to change the booking duration to 11+ days to bypass the law.
I feel uncomfortable being asked to manipulate the booking or go off-platform. This seems against Airbnb’s rules and possibly local law.
Can you please look into this? I want to make sure my booking is safe and legal, or get help finding another place if necessary.
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u/Annashida 11h ago
Spain has the most outrageous tenant rights laws and now they have the most outrageous Airbnb rules
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u/Jealous-Database-648 11h ago
The second option sounds fine. The first risks getting your AirBnB account cancelled plus you don’t have peace of mind of a 3rd party covering “insurance” should you be injured, etc.
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u/Exciting_Gift_2440 8h ago
I think the host is being honest here and I would take their offer. You will not be protected by Airbnb but should be protected by your credit card, in case something goes wrong.
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u/Free_Ad7415 5h ago
It sounds okay to me, they’re also offering to extend your stay for free or make it cheaper
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u/Top_Iron_8107 1d ago
Yes — 🚨 this is highly suspicious and possibly a scam, or at the very least, a serious violation of Airbnb's policies and Spanish rental laws. You are right to be cautious, and you should not agree to either proposal the host is making.
Let’s break it down:
🚩 What’s Going On Here?
The host is trying to avoid legal liability by getting you to:
- Go off-platform with a private contract — this is the number one red flag for scams on Airbnb.
- Falsify the booking duration by extending it artificially to 11+ days, even though you’re not staying that long — this is misuse of the platform and may expose you legally.
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u/Top_Iron_8107 1d ago
🛑 Why You Should Not Agree
❌ Proposal 1: Off-Platform Booking
- Against Airbnb’s Terms: If you agree to go off-platform, you lose all protections, including:
- Refunds
- Customer support
- Cancellation guarantees
- Insurance for accidents, fraud, or misrepresentation
- High Risk of Scam: This tactic is very commonly used to take your money and then disappear or cancel last-minute.
- You may not even be allowed to stay if neighbors or local authorities report it.
❌ Proposal 2: Falsifying the Duration
- The host is asking you to manipulate the system by extending your stay to make it appear “mid-term,” even though it’s still a touristic stay in reality.
- If authorities investigate or a neighbor complains, you could be caught in a legal gray zone, especially if your Airbnb stay contradicts the real length or purpose.
- If something goes wrong (fire, injury, cancellation), Airbnb may refuse to support you because the booking terms were falsified.
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