Guest with ESA not following House/Pet rules

[Twyla6]

Hi!  I have a current situation with a guest traveling with their ESA not following my pet rules.  The rules were sent at the time of booking and agreed upon; this included crating your dog when left unattended.  I have no issue with pets as I am pet-friendly and did not charge my usual pet fee because of the ESA request sent.  I am aware of this guest not following the rules because a nearby neighbor messaged me about excessive and constant barking for over an hour coming from my cabin.  I pulled up my driveway/front door ring camera and can not only hear this barking but can see the dog jumping up and scratching my door.  The camera is fully disclosed in my listing and my house guide.  The pet policy is on my listing and on my fridge.  I'm not sure what to do at this point?  Am I risking a privacy issue by messaging the guests?  I do not want my door/sheetrock/or anything else destroyed and my faith is a little low right now.  This is my first time in this situation so any help would be appreciated!   

[Inna22]

While Airbnb requires ESA animals to accompany owners, ESA animals do not have to accompany owners in real life. It is also really hard to go places with them because many are not familiar with the rules and kick people out. So if you are out with a family member who can perform the same task, sometimes it is just so much easier to leave the ESA animal behind. I don’t know which rule supersedes the other - airbnb rule on ESA or your internal rules on pets. I’m not entirely sure the owner was breaking rules by leaving the dog alone.

@Twyla6 how is it going for you enforcing no beds pets in bed rule? Why do you not want them there? Hair? I shed more than my dog. Dirt? Have you met a toddler after a playground? I think having as few rules as possible leads to more compliance with those they are in place. Also, don’t put recommendations and your rules. Why do you want the dog kenneled  only for four hours? Are you concerned about the dog? Not your place. Are you concerned about barking? Some dogs will bark for a minute one and someone for six hours.

One of the ways to have proof damage is to make a short video of the place right after it was cleaned or ask your cleaners to do that and then come for an inspection a few minutes before guests are ready to depart. You can point out the damage on the spot. My sister-in-law told me that her host ones insisted on coming right before they left saying that he was bringing a departing gift for her. She said it was obvious he wanted to do an inspection. I think it was a clever move

[Pablo629]

dear @Inna22  totally agree with you. Try to measure or limit barking has no sense. It doesn't matter if it's ESA or not. It's as similar as trying to invite some host be reasonable.

Being pet friendly is more than complying rules.

Regards 

[Twyla6]

Thank you for the response @Inna22 .  

Just some background.  The ADA does not cover ESA under its law.  Good FAQs here.

https://www.ada.gov/regs2010/service_animal_qa.html

The FHA outlines all the things we can and cannot do and covers service dogs and support animals.  The list is extensive but it does give the homeowner to ability to ask for documentation.

https://www.animallaw.info/article/faqs-emotional-support-animals#aa3

The two questions you can ask:

1. Does the person seeking to use and live with the animal have a disability—i.e., a physical or mental impairment that substantially limits one or more major life activities?

2. Does the person making the request have a disability-related need for an assistance animal? In other words, does the animal work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person’s existing disability?

Now comes AirBNB policy:

AirBNB says Service and ESA are one and the same.  Hosts are allowed to ask the same two questions but not allowed to ask for documentation.  Hosts are not allowed to ask for a pet fee; even if it is standard on your pet-friendly listing.  

Hosts ARE allowed to require pet owners to follow house rules and pet rules.  

My pet rules are clear and do come with recommendations as a way of reminding guests that pets are also on vacation.  Pet owners regularly leave their pets at home during a prolonged work day and sometimes forget that those same pets who are perfectly fine left alone in THEIR home may freak out in a new space.  My pet rules are in place to make sure the cabin is a nice place for all guests. 

@Inna22 to answer your direct questions: 

1.  I have had one previous issue with pets on my bed.  There were stains on my comforters from dirty paws.  We thoroughly launder ALL items after each guest so the fact that a comforter had to be washed isn't the deal.  The cabin is in a mountain area and therefore dirt and bugs will happen.  Keeping that from making a permanent impact on my comforters and furniture is a priority.  If I have to replace comforters after each stay, I will have to stop allowing pets.  

2.  The suggestion on crating is based on my overall desire to not have the cabin act as a cheaper boarding option.  If you are traveling with your pet simply to avoid higher boarding fees, my cabin is not right for you.  If you are travelling with your pet because your pet is part of the family, you are welcome to be my guest!  Regardless of the use of a crate, if a pet left alone for extended periods of time has an accident, the mess can and will get on my floor and potentially walls.  At that point is not about the pet, this is about my property.  

3.  I live 7 hrs away from my cabin and, in all fairness, would never pop in for a visit even if I were close.  Guests book my place for the remote factor and do not want to be disturbed.  I respect that very much and limit my contact.  We have excellent support staff that help us care for the cabin and I trust them 100% to report on the condition when guests depart.  

[Inna22]

@Twyla6 thank you for the thoughtful answers.

I do not think it is for the host to decide what constitutes a vacation for someone. I might not want to take my dog with me for a long hike that would like over four hours but it is still not a reason to board him for an entire duration of my vacation (for the record, I do not leave my dog alone for more than two but I would not want for someone else to decide that on my behalf).

There were plenty of comforters ruined by humans at my houses. Keeping them off the bed would be an interesting rule. A good and honest dog owner would pay to replace a comforter. A bad one would not. Same pet owner would also allow a toddler to draw on the wall or use a white bath towel to clean a mess on the floor. 

I think if you are a laid back host with few rules, you achieve the same and guests are happier. 

[Twyla6]

@Inna22 I respectfully disagree with your opinion of what I can and can't ( or should and shouldn't) do with my pet policy.  My expectations are clear upfront and if a guest can't follow those, I expect them not to book.  I do not need those bookings to make my AirBNB successful, I offer the option of bringing your pet as a courtesy and do not base my entire business model on being overly accommodating.  It is ALWAYS the guest option to simply not book and I will not compromise the quality of my listing over a few missed bookings.  

[Inna22]

@Twyla6 very true. Just like I feel that hosts should give more freedom to guests, hosts themselves should have the freedom to run their airbnb as they see fit. If you are fully booked at your full price with the rules you have in place- clearly no reason to revisit. I personally try to stay away from hosts who have rigid rules, even if those do not apply to me (smoking rand some safety rules excluded) as I am worried that those people would nit pick. None of us here are going after after last guest though. Overall find advice here helpful most of them time and have adjusted my hosting style over the years.

[Deb216]

@Inna22,

  I noticed that you have a typo in your own House Rules:

"Smoking and vaping are allowed anywhere on my property. $500 penalty will be charged from security deposit..."

I believe you meant to say ..."are NOT ALLOWED..."

Also I believe other hosts have shared that Airbnb and hosts do NOT have access to guests' security deposit.

Wishing you continued success! 

[Inna22]

@Deb216 thank you so much for noticing! I have been successful so far in collecting security deposit for smoking 

[Inna22]

@Deb216 this might be helpful

https://community.withairbnb.com/t5/Hosting/Smoking-deposit-collection-best-practices/m-p/1363183#M3...

[Deb216]

Thank you so much!

[Mark116]

@Inna22  @Twyla6 Just my two cents, which is that it's wrong to leave an animal alone in a strange place and it is doubly wrong to crate a dog for more than a few hours.  If any host does not want to enable poor treatment of animals, pet or otherwise, at their listing, then I would say good for them!  

And, it is for these reasons, that we don't allow pets, so that I don't have to deal with the stress of worrying about a stranger's animal in my house, not only about damages but also about the animal's wellbeing.

[Twyla6]

@Inna22 @Mark116 @Pablo629 @Bob297 @John2406 @Brian2036 

It's time for the update....

I'd like to give a VERY BIG shout-out to the AirBNB support staff.  I mean...GIVE IT UP for those guys...lol  (And my local sheriffs office for the excellent escort service they provided to the guest.) After 36 hrs of no communication with the guest after multiple attempts by Airbnb support staff and the initial email from myself, AirBNB deemed the guest unsafe and the platform unable to continue their reservation.  The reservation was cancelled and I was instructed to call my local sheriffs office immediately to have them removed.   And I did...I would like to note that at the moment the reservation was cancelled ( I was on the phone with AirBNB when it happened), he miraculously saw my emails and the missed calls and numerous voicemails from AirBNB support.  

You guys have been amazing...I have renewed faith in hosting tonight and hope to chat with many of you again when I'm not in some sort of crisis mode.  THANK YOU SO MUCH!!!

Take-Aways

Follow Through!!!  This was not his first rodeo; he basically called my bluff and I pushed AirBNB support this morning to respond to me and level my assistance up.  This cabin is my second home.  I love it..My kids love it...My family is a part of it...So I treat it like a child and protect it the same way.  

For better or for worse, I disclosed my exterior camera at EVERY point along the way ( phone calls and emails).  I also told the support staff I have electronic locks so its pretty easy to know when people come and go (and how long they leave their pet in my house).  So far, my account is still good. I just felt like I had to be as up front as possible and let them know how much information I had to back up my claim.  

KNOW the rules on ESAs and follow through with AirBNB support.  The first email was just stop one on this journey.  Many phone calls later, they leveled me up to the ESA support and then the Trust and Safety support for resolution.  

AIRBNB rules: Issues with service animals

Assistance animals are generally well-trained. However If necessary, you can request additional compensation if the animal damages a listing beyond normal wear and tear. The Host Guarantee and security deposit are still at the Host’s disposal in the event of an accident.

A Host may ask a guest to remove a service animal if:

1. The animal is out of control and the animal’s handler does not take effective action to control it
2. The animal is not housebroken

In either scenario, the Host must still give the guest the opportunity to stay at their place without the animal. And given their role in providing service or emotional support, assistance animals shouldn’t be left alone at a listing.

[Brian2036]

@Twyla6 

Congratulations! It’s good to hear that something went well for a change.

Of course you really shouldn’t have had to endure all the stress involved so far, and I’m afraid that it might not be over.

In a case where the law had to get involved, the guest should be instantly blocked from all Airbnb functions, and that would most definitely include filing false claims of safety violations and submitting any kind of review.

Airbnb can certainly do that. They do it to hosts based on nothing but hearsay.

 I hope you can get some kind of written report from the Sheriff’s office. It would be really nice if it mentioned something about the guest refusing to leave when ordered to do so.

It really bothers me that any host has to go through any of this to get rid of a misbehaving guest.

It could be really simple:

Host: You are in violation of house rules. Cease and desist or leave the premises immediately.

Guest: No response.

Host: Respond immediately or get out.

Guest: I paid for a week and I can do whatever I want.

Host: Your reservation is hereby canceled. GET OUT IMMEDIATELY or you will be charged with criminal trespass.

Then the host can notify Airbnb and if they choose to ignore it or screw around for two weeks, fine.

(I know it doesn’t work that way. But it should.

The guest does not have a lease. All they have is a short term contract subject to compliance with some rather strict rules. If they knowingly breach the contract they are in default and can be required to vacate immediately.)

[Emilie]

Hi everyone,

I hope you're all well! I wanted to let you know that our policy had been updated to honour some of your concerns in regards to emotional support animals, giving you more control over pet fees. You can find more information here. 

Thanks again for all your feedback!

Emilie

P.S.: @Twyla6 I'm really relieved to read you got the support you needed in the end. 😕

[Twyla6]

Thanks @Emilie  

It worked out pretty well in the end.  I did lose the rental rate for the remaining nights on the reservation which seemed odd to me. However, AirBNB pulled through and reimbursed us for a majority of the damages.  The process was a bit convoluted and you have to be your own advocate ( follow up...follow up...follow up again..and then ask for a supervisor) but in the end these new policy changes make a big difference.