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

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Austin150
Level 3
Portland, OR

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

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.

1 Best Answer
Lizzie
Former Community Manager
Former Community Manager
London, United Kingdom

Hello everyone,

 

I've just caught up with the conversation here and certainly lots has been covered. I'm all for healthy debate and sharing differences in opinions, but sadly I feel we have moved passed this now.

 

Having said this, I think there are many interesting points in this 100+ replies which really highlight concerns for both guests and hosts. Two things I gathered from my readings here are that:

 

- From a guest's point of view, understandable you want to feel like you are welcome at any home and that you don't want to worry about your booking being refused, or any additional fees are added, for having an assistant animal accompany you.

 

- Equally, from a host's point of view,  with every booking, you want to make sure that your home is suitable for your guests and they are aware of anything that might impact their stay ie. tricky steps, and you want to feel like you are protected if anything goes wrong. 

 

I know there are many more details shared here and many legal elements, but I imagine that many of you reading these points, whether you are a guest or a host, would agree that both of these are important–and we are one community. So I think one interesting way we could discuss more, is how to we make sure that everyone is happy as we need to work together and support each other? (Food for thought)

 

To add, for more information please make sure you are following Airbnb's non discrimination policy and you may also find this Help Center article on hosting assistant animals, helpful. 

 

 

I know many of you feel passionate about this topic, and there are differences in opinion, but by keeping it constructive, I really do think we have sensitive discussions and make things better through talking.

 

On this occasion though, do feel like we have slightly exhausted this discussion now and so I do feel it is in the best interests for all of us here if I close this discussion. 

 

Thanks,

Lizzie


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108 Replies 108

@Helen350    It's a double edged sword, some guests may be truly grateful, others may set you up for a world of pain with Airbnb:  invasion of privacy, dogs health because it was let outside,  demand for a full refund etc., who knows, some guests are incredibly creative and Airbnb has a habit of listening to guests not hosts?  Better would be to add in the rules,  if,  - despite prior rule animal never being left alone - the animal is left alone host retains the right to enter the room and let the dog out to relieve itself or some such wording.

Dimitar27
Level 10
Sofia, Bulgaria

Every service animal here has it's own documents-provided by government, by a certified non-profit organization or other similar. "Must have" is the certificate for a service animal and vet passport.

Many people complains about our guest registration system, but in fact, it works fine for everybody, who makes a legal business.

When you have a service animal, all data about this animal must be entered in the guest registration system. All types of accommodation places are connected together. Bnb's, hotels, motels, guest houses, guest apartments, etc. The registration system is operated by the government and all data is automatically exchanged between the Ministry of tourism, the police, the food safety agency and the Ministry of health. First of all, this is a guarantee for the guest. And second-it guarantees the hotels/hosts, that this animal is really a "service animal" .

Branka-and-Silvia0
Level 10
Zagreb, Croatia

@Austin150 @Dimitar27 @Alexandra316 @Sarah977 

 

all of you are right BUT the host has a right to enter the premises in case of emergency and to protect further damage.

 

This is a puppy left alone and crying, so the chances are the puppy will chew something, pee or poop everywhere and make damage. As we all know Airbnb does not cover the damage done by animals ( but force us to host "service and emotional support" animals and forbid us to ask for any proof about it)

So it is catch22.

I would enter, take a puppy outside, check for damages and video document it all the way.

 

Mark116
Level 10
Jersey City, NJ

@Austin150   I agree w/ @Branka-and-Silvia0  it is an emergency as you are concerned about the welfare of the animal.  Message the guest and tell her if you either don't hear from her or she isn't back w/in the next 1 hour, you are going to go into the unit and check on the dog.  But make sure that you have such a messsage on the platform before you entire the unit.

 

I would tell airbnb that based on evidence...dog left unattended for hours, that this animal is not a service animal, is trained for no tasks and is a family pet, brought in violation of your policy.

Helen350
Level 10
Whitehaven, United Kingdom

@Mark116 I agree, but wouldn't wait an hour, wouldn't ask permission... my house,my rules, I'll enter rooms for legitimate purposes! I've never stayed in airbnbs as a guest, but have stayed in 'normal' British B&Bs. - I ASSUME the landlady might need to go into her own room in her own house, might want to check all is in order, - so I wouldn't leave anything private & personal lying around.

@Helen350  That's how airbnb gets you though.  Then the guest will demand a refund because their privacy was invaded and airbnb will give them one after they complain that the 'creepy hosts' went into their rented space. 

Helen350
Level 10
Whitehaven, United Kingdom

@Mark116 I suspect Americans see things differently. Certainly I would think the landlady had the right to go in even if I was paying... I wouldn't dream of telling the  house owner otherwise. But then I'm British!

@Austin150 , @Suzanne302 , @Mark116 

 

Hi @Helen350 . As both a guest and a host, I would not expect a host to enter a private space without prior notice. That should be in writing via the message board for documentation. In an emergency I would still be documenting the process.

 

This is very different from any acceptance for entering for cleaning or linen change etc. 

The last thing a host needs is to be penalised or charged with invasion of privacy or theft. But once you enter, you are open to all accusations.

Helen350
Level 10
Whitehaven, United Kingdom

Yes, @Cathie19 , & I DON'T usually enter Airbnb guests' rooms without permission. I was just pointing out that in the UK homeowners have the legal RIGHT to do so.

 

But, I still think a peeing, scratching dog is an emergency & the host should not have to ask permission of the guest to remove the source of the damage from our own homes.

@Cathie19 

You can reserve the right to do anything in your own home by stating it in your House Rules. The guest agrees these before booking.

 

Privacy goes out of the window when an unauthorised dog pees and causes disruption in any home, and especially as the guests in this situation were seemingly ignoring hosts messages.

 

The best thing guests can do is not be expectant, not break house rules and not take the pee themselves. That way they don't get their 'privacy' invaded.

 

As @Helen350 says.. "My house, my rules."

Austin150
Level 3
Portland, OR

@Alexandra316  We did find in the rules of "When a host can ask a service animal to leave" it says that a service animal is to never be left alone at the listing. Also as expected this morning, the dog did urinate on the carpet.

 

When can a host ask a guest to remove a service animal?

 

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 use the premises without the animal if the guest so chooses. Note that given their role in providing service or emotional support, assistance animals should not be left alone at a listing.

Helen350
Level 10
Whitehaven, United Kingdom

@Austin150 Definitely invite her back, as soon as..... She's got a lot of carpet scrubbing & disinfecting to do! 🙂

@Austin150 @Alexandra316 I actually came here to say this so  glad you found it! (service animals must never be left alone in the listing) Additionally, a true service animal would NEVER be away from it's handler for that long, if at all.

 

So how did this play out? If it were me, I'd tell the guest it is fraud to misrepresent a service animal and they could be reported. Not sure what the law is in your state, but many states are cracking down on this.

 

But then again I just feel strongly about it because people who misrepresent service animals (and don't get me started on ESAs!) really make it harder for legitimate service animals.

 

Either way, you are well within your Airbnb rights to insist the dog be removed and to charge for damages. Please let us know how things turned out!

Ian-And-Anne-Marie0
Level 10
Kendal, United Kingdom

@Austin150 

It seems that Airbnb are aiding and abetting guests who are taking you for a mug with this phoney pet policy. They obviously do not have a service dog with them, or an emotional support animal.

 

According to @Branka & Silvia1 here: 

https://community.withairbnb.com/t5/Hosting/Guests-Sneaking-In-Extra-People/m-p/404794/highlight/tru... a guest in violation of house rules can have their stay cancelled without penalties.

 

In your circumstances, I would cancel their stay for breaking your house rules, when they arrive back, reclaim your keys watch them pack their stuff and put them out. Let Airbnb find them somewhere else to stay. You will need to claim damages from them and state all the details in your review.

 

You'll get a rubbish review, but you know what? You are in a prejudiced no-win situation and have been put there by a lying guest supported by Airbnb biased rules.

 

Don't tolerate these abusive guests.

 

 

This sure makes it tough for those of us who are disabled, who have actual service animals with ID!    

I just tried to rent and was discriminated against by 2 different owners.  One response was "we don't allow pets, we don't discriminate but we will only allow you to stay if you agree to additional cleaning fees at her discretion"  Wow sure felt welcome after disclosing my service animal (all 10lbs) and her Federal ID. 

Another owner responded by saying "I assume you have a crate for the dog and that it will be crated at all times to ensure the safety of my property, I don't want the dog on any furniture"  Service animals can't be effective from a crate, the point is they are with their owner.  

 

I'm still looking for a space because those were the first two bookings I requested?  It's frustrating for me when other misbehave or are dishonest about their animals.  But please don't assume that everyone is dishonest about having service animals, most of us are legit and I always share my ID for the animal. 

It would be nice to receive a positive response and be able to book with my service animal.