All year long, including in the summer season, Miami is a tourist destination for people on vacation, which means that short-term rentals through services like Airbnb increase. What people may not think about while they are planning their stay is that there are certain risk factors including ones with criminal charge implications.
Being accused of a rental crime can be very complicated and exhausting, especially if you are not familiar with the entire legal process involved. Whether it’s fraud, property damage, or violation of a contract, facing these accusations requires professional help.
1. Understand the Accusation
First of all, you must fully understand the accusation. Short-term vacation rental crimes can often range from minor infractions to more serious offenses like fraud or vandalism.
Carefully review all the documents and communications you have received regarding the accusation. The more informed you are about the situation, the easier it will be to resolve it
2. Gather Evidence
All the evidence you collect about the case can be very helpful. There are several types of evidence that can be presented, whether you are a guest or host:
For Hosts:
- Booking Document: Make sure to have all the necessary documents on hand and a copy of the booking agreement and highlight any specific terms or conditions in your rental agreement that were violated.
- Photos and Videos: Take photographs or videos of the property before and after the rental period. Make sure the timestamps are visible to provide a clear timeline.
- Security Footage: If the property has security cameras (and you’ve informed your guests about them in accordance with local laws and Airbnb policies), review the footage for any relevant incidents.
For Guests:
- Witnesses’ Contact Information: Maintain a list of contacts who can corroborate your account of the events if needed.
- Communication: Gather all messages, emails, writings, or any communication you had with the host regarding the short-rental agreement.
- Receipts and Payments: Have your electronic payment receipt on hand, whether it was split into two payments or just one, or any document that proves you made the payment for the service.
3. Remain Calm and Avoid Self-Incrimination
Something very important in these cases is to remain calm and not do or say anything that could be used against you. If you are contacted by the host or anyone related to the case, you have the right to remain silent, and it is best to do so until you can get in touch with a lawyer who can help you achieve the best results for your case.
A recent example illustrates how quickly these situations can escalate. Police investigating a home invasion at a Florida Airbnb discovered a drug operation with over 100 pounds of marijuana and nearly $30,000 in cash, authorities reported. The two individuals renting the Airbnb in Miami now face criminal charges, along with the three men who robbed them, according to court records. The renters, aged 33 and 43, are charged with attempted cannabis trafficking, owning or renting a property to traffic controlled substances, and money laundering. They have since been released on bail.
Contact a Criminal Defense Attorney
An allegation of a criminal offense should never be treated lightly. In fact, it should be handled by an attorney who has the experience and knowledge to protect your rights and your freedom no matter what type of charge you are facing.
Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. To meet with lawyer Russell Spatz to discuss your criminal matter, please call the Spatz Law Firm, PL, at 305-442-0200. You may also contact the firm by clicking this link.
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