After guests set an apartment ablaze and caused €400,000 in damages, the owner received a request to pay for their replacement accommodation. Dubrovnik lawyer Nikola Mozara reveals what to do in such a nightmare.
A recent fire in Poreč, caused by German nationals, has sparked outrage among Croatian rental hosts. The apartment was completely destroyed, and the owner estimated the damage at around €400,000. However, what further stunned the public was the rental platform's demand that the affected host pay for the guests' alternative accommodation since they could no longer stay in the ruined property.
Reactions from rental hosts on social media were harsh. "So, guests cause €400,000 in damage, break all the rules, set the house on fire, and then the platform asks the owner to pay for their replacement accommodation?! Platforms take hefty commissions when things go smoothly, but when a problem arises, hosts are left completely unprotected. Disgraceful," one host commented for Slobodna Dalmacija.
Another host questioned where the tourist boards, to which they pay membership fees and levies, are: "When a problem like this occurs, they should be the first to react and offer support to the host, guide them on how to proceed and whom to contact in such a situation."
A Dubrovnik host with two apartments in his own house and 20 years of experience admits he has so far gotten away with minimal damages. "Some admitted they broke a plate or a bowl and compensated for the damage, while others played 'dumb' and left. I didn't call them; I bought new ones and forgot about it," he recounted.
Parties are strictly forbidden at his place, and this is emphasized in the listing. "If they're noisy, I knock on their door, and if they continue, I tell them I'll call the police. Then things usually quiet down, but I get a negative review for it," he added with a wry smile. His conclusion is bitter: "Our property, our problem, and they all just take taxes, fees, and commissions."
Dubrovnik lawyer Nikola Mozara explained the legal steps in such situations to Slobodna Dalmacija. His first piece of advice concerns insurance. "If the host has an insurance policy, that somewhat eases the situation, although it's a question of what exactly is in that policy. Before signing, one should thoroughly inquire about what it covers," Mozara warned.
If insurance covers only part of the damage, the owner can sue the guests for the remainder. For those without insurance, Mozara advises filing a lawsuit for damages and submitting a property claim within criminal proceedings. "The question is how the State Attorney's Office will characterize the case, whether they'll conclude it's one or more criminal offenses," he explained.
The lawyer emphasizes that such disputes last at least two years. The key is an expert assessment of the damage, and the best evidence is keeping receipts for everything invested in the apartment. "If there are none, the best approach is to conduct an expert assessment that will prove the extent and amount of the damage," Mozara stressed.
Regarding the fact that the perpetrators are German nationals, Mozara assures this won't prolong the process: "Regardless of the fact that in this specific case we're dealing with German citizens, the dispute shouldn't take longer because we're in the European Union, and the jurisdiction of the court that will decide the case is in the plaintiff's location."
Mozara also commented on the changing times when guests are no longer welcomed in person: "In the past, guests were welcomed 'the old-fashioned way,' so the host would get to know them, but now they're greeted by a key in a lockbox, and they often never even meet the host."
