“Service Dog” has been left, unattended in a no pets home

[Austin150]

Hi Everyone,

My guest is staying in our private room that we rent out in our home. Because we already have two territorial dogs on our property, we have a no pets policy, but we obviously make exceptions for service animals.

My guest arrived, and it was immediately clear that she only is calling it a service animal to use the loophole that hosts must abide by. This dog is clearly not a service not and does not behave like one.

In the agreement, that we discussed ahead of time, we let her know as long as the dog is with her at all times and not left unattended she would be permitted to have this "service dog" stay with her.

Today, we discover that she has left the dog unattended, not crated, alone in the room for hours and hours on end while she attends a wedding somewhere. I have attempted to contact her numerous times explaining that she is in breach of our contract and house rules. I have reached out to AirBnB and there is an open case, but no resource assigned at this moment.

My question here is what do I do now??

There has been no response from the guest and the poor puppy (the dog is an untrained puppy) is crying at the door. Do we have the right to terminate this guests contract and go in and let this dog out to at least relieve itself and to ensure it isn't doing damage?

Can we kick these guests out for lying and violating the house rules and AirBnB rules regarding always keeping your service animals with you?

What are our next possible steps.

Thank you in advanced.

[Lisa723]

@Christine615 No, people with allergies do not have as much right to host as those without. People with allergies are not a legally protected class, in the US at least. If Airbnb chooses to make exceptions for people with allergies, that's its choice. I'm not arguing that Airbnb's policies are just. Only that there is nothing illegal about them.

[Christine615]

@Lisa723  The federal law and precedent is on our side about that.

Service animals do not trump that.  And yes, medical needs are protected since I’ve been in the winning side of a federal lawsuit for a similar situation.

Plus given Airbnb needs its IPO to fare better than Uber I’m not sure they’re going to force the issue  given the negative publicity that will result when a host or guest needing animal free rentals gets sick and discrimination on that issue...which is, again—, covered by law which is why the law makes exceptions to the ADA requirements.

Airbnb is not exempt regardless what their TOS says.

[Diane752]

Christine, you are incorrect on federal law.  Having had a service animal for years, you are mistaken about my rights vs your rights as a host making money off me.   

Attached my dogs ID to help clarify.  You can't prohibit me from staying in your space with a Service Animal, when I am paying you to stay there under the Airbnb policies.  

Also be very careful when suggesting that disabled are faking it in order to get animal free rentals.  That is your personal opinion, not fact and only creates more thrash and discrimination against those of us who have medical needs that probably outweigh your allergies. 🙂  

[Sarah977]

@Diane752  While I am empathetic with the issues for those who require service dogs, a private home, even if the owner rents out all of it, or simply a private room in the home they live in, is not a "public place." If it were a public place, my door would simply be open all the time to anyone who wished to enter. But it isn't- guests can send me a booking request, and based on whether it is a good fit, both for me and the guest, their booking will be accepted. 

If you were, say, a massage therapist who advertised your services on an internet site for private sessions in your home studio with an appointment , that doesn't make your home a "public place." 

[Diane752]

Exactly!  Airbnb is a company providing a service for paying clients like myself.  I book with them because they follow federal law allowing service animals.  

In this case the woman clearly did not have a service animal based on her treatment of the animal. We don't leave our animals behind if we need them for our health/safety, so I can understand why hosts are frustrated.

My point is...just because someone else lied and told you they had a Service Animal, please don't assume that I am lying when I tell you I do. 

I send my ID and photo of my dog to those I book with, it's not that difficult.

[Helen350]

Exactly @Christine615 . In a private home it's My home, my rules, & nobody's 'rights' trump mine!

[Lisa723]

@Helen350 of course, nobody can force you to allow animals in your home. Likewise, nobody can force Airbnb to list their home if they do not.

[Diane752]

Federal law does sweetheart.   Don't rent it out to strangers if you want a private home

[Mark116]

@Diane752  You're wrong.  ADA exempts private homes.  I suppose it could eventually be litigated that a 1-4 family private home that does STR is not a 'home' but a 'public accommodation' and then the rules would apply.  But, that is very unlikely to happen for a number of reasons, and such a ruling would certainly end the STR market in private homes, because the vast majority of hosts would never be able to afford to install wheel chair accessible ramps and fixtures and other items that are mandated for hotels.

[Diane752]

It does Mark, except you forgot the final section of law, overrides your private home since you have patrons in your home.  You list with Airbnb and it's their rule as well.  I

You also suppose wrong, it's already been litigated, that's why Airbnb has the policy.  

Be careful in suggesting the demise of of the STR market will come from allowing the Disabled individuals the same access and opportunities you enjoy!  

This is in reference to the ADA handler/service animal federal law
24-34-803. Rights of persons with assistance dogs.

(e) "Places of public accommodation" means the following categories of private entities:

(I) Inns, hotels, motels, or other places of lodging, except establishments located within buildings actually occupied by the proprietor as the proprietor's residence containing five or fewer rooms for rent or hire;

(XV) Any establishment physically containing or contained within any of the establishments described in this paragraph (e) that holds itself out as serving patrons of the described establishment.

[Kaylee18]

@Austin150   

I believe if you actually state in your House Rules "Dogs must never be left unattended by guest on the property" then you would be in the right to contact Airbnb and terminate the stay. 

I'm not sure if you said you had that in the house rules or not. But if it was, then in no way do I see you asking her to leave (once Airbnb approves it) as something discriminatory.

I contacted airbnb when a guest literally hot boxed my house when I have a strict no smoking rule. They agreed to ask the guest to leave due to breaking the house rule. I don't see the dog situation any different, unless it wasn't stated in the house rules. 

Hope everything turned out for you!

[Austin150]

For an update, we did end up kicking them out. They left the poor dog for 8 hours and didn't even appologize for it. They said that the venue would not allow them to take their dog (which OBVIOUSLY means it's not a service animal since you can take them everywhere, with very few exceptions. 

I don't know if AirBnB will side with us or not, but the dog ended up peeing in the room. 

I'll update to this once we get a final decision from AirBnB.

[Christine615]

I hope you billed them. If they don’t pay Airbnb is required to reimburse you given the circumstances. It’s not a service animal. 

Make sure you take photos ASAP and send to guest via inbox. Document the conversation. Then bill through the resolution center.

[Sarah977]

@Austin150  Not only did they lie to you, anyone who leaves a puppy alone, locked inside, for 8 hours, in a strange environment no less, doesn't deserve to have a dog. I wouldn't leave my 11 year old, calm dog, who would hold her business for that long, locked inside the house for that length of time.

[Suzanne302]

@Austin150  OMG what a mess. Please review these people accurately!!!