Monthly Guest sneaks in dog without dissclosing if its a service pet

[Jory Wilder]

We don't allow pets in our airbnb as it is our first airbnb and rental property. We do this because we know pets come with odor and hair and we don't want to ruin our nice furniture. We have a monthly booking that just booked last minute, they had a bunch of questions before they booked but never mentioned anything about a dog. 

I know if the guests claim it's a service animal then I have to allow the pet, what is the best way to handle this situation. Also, is there some kind of scam for long term stays because this tenant seems fishy. The booking dates are 2-4-23 to 3-4-23 and if we can I would like to just refund the guests and get them out. 

[John Underwood]

Quote from @Jory Wilder:

We don't allow pets in our airbnb as it is our first airbnb and rental property. We do this because we know pets come with odor and hair and we don't want to ruin our nice furniture. We have a monthly booking that just booked last minute, they had a bunch of questions before they booked but never mentioned anything about a dog. 

I know if the guests claim it's a service animal then I have to allow the pet, what is the best way to handle this situation. Also, is there some kind of scam for long term stays because this tenant seems fishy. The booking dates are 2-4-23 to 3-4-23 and if we can I would like to just refund the guests and get them out. 

 Did you sign a lease since this is a month rental?

Where they trying to conceal the dog when they brought it in?

[Luke Carl]

Do whatever the terms of the lease say. Usually charge pet fee or non renew based on broken terms of lease. If you didn’t get a lease it’s just a learning experience and could be an eviction which will be an even bigger learning experience 

[Nathan Gesner]

Quote from @Jory Wilder:

First, you should break the habit of confusing pets, service animals, and emotional support animals. For example, you write "...if the guests claim it's a service animal then I have to allow the pet." Try to avoid mixing the language. It's either a pet or it is not.

Service animals help with physical disabilities and are covered by Fair Housing and American Disabilities Act. This means you have to allow them in a residential rental, as well as a public space like a restaurant, grocery store,otel, etc. Emotional Support Animals are covered by Fair Housing, which only applies to their permanent residence, not public accommodations.

Guests with service animals should disclose the animal in advance and request a reasonable accommodation. The law permits Landlords to reject the request for valid reasons. For example, you could be deathly allergic to dog dander, so the law allows you to deny a dog in your rental, even if it is a guide dog for a blind person.

I would notify them that your rental does not allow animals (do not say "pet") and cancel the reservation. If they claim it's an emotional support animal, you can deny it. If they claim it is a service animal, you will need to verify and then should probably allow it.

[Bruce Woodruff]

What they ^^^ said about the dog... But also you should realize that by renting for a period over 29 days, you now have a legal TENANT with all the rights due to a tenant. Big mistake. And if you didn't get them to sign a separate lease ( in addition to the ABNB stuff) then you have a tenant with no lease.....which means they have a lot of leeway.

I would call ABNB or VRBO and tell them you want this person out for breaking the rules and do it soon.....

[Russell Brazil]

One thing I wonder here.....Hotels are governed by the Americans with Disabilities Act. Residential real estate is governed by the Fair Housing Amendments Act of 1988.  Each law uses the terms "service animal" and "emotional support animal" but actually defines them differently.

Would a short term rental then, which is providing a service akin to a hotel, be governed by ADA or FHA? Im a Fair Housing expert, and Im not sure.

[Troy P.]

@Nathan Gesner when you say "Emotional Support Animals are covered by Fair Housing, which only applies to their permanent residence", does that mean an LTR vs an STR? You must allow an Emotional Support animal in an LTR unless you have a valid reason, is that correct?

[Benjamin Aaker]

You should also check Airbnb's terms of service. They are putting more restrictions on owners and making it harder for you to discover and remove people breaking your rules. Their restrictions are more onerous for you than the housing guidelines.

[Bruce Woodruff]

Quote from @Troy P.:

@Nathan Gesner when you say "Emotional Support Animals are covered by Fair Housing, which only applies to their permanent residence", does that mean an LTR vs an STR? You must allow an Emotional Support animal in an LTR unless you have a valid reason, is that correct?

Essentially yes, where you live vs where you're visiting/temp staying....And an ESA does not have to be allowed if it falls out of FHA guidelines. The easiest one IMO is this because most small landlords don't use realtors to find tenants
Single-family homes that were rented out without the use of a realtor. For this exception to be applicable, the landlord cannot own more than three single-family homes.

Types of housing that don't have to abide by the FHA include:

• -The building has four units or fewer, and the landlord occupies one of the units. If a landlord lives in one of the units of a building that has four units or fewer, they don’t have to make the accommodation.
• -A religious organization owns the building. As long as a religious organization isn’t using the building for commercial purposes, it can legally limit occupancy. It can choose to rent exclusively to members of their religion, but it still can’t discriminate on the basis of race, national origin, etc.
• -A private club owns the building. Similarly, a private club can choose to rent exclusively to members.
• -Single-family homes that were rented out without the use of a realtor. For this exception to be applicable, the landlord cannot own more than three single-family homes.
• -The breed of the animal interferes with the landlord’s insurance. Typically, landlords have insurance to protect them from financial losses. Some of these insurance policies have restrictions when it comes to what the company considers “dangerous” dog breeds. If renters keep these dangerous dog breeds as pets, the insurance is void. So, if the breed of your ESA would interfere with your landlord’s insurance, they have the right to deny the animal.
• -The animal causes property damage. Tenants have a responsibility to keep their rental property in good shape. If your ESA continuously damages your unit or surrounding property, the complex has a right to get it removed.
• -The animal is a threat to other tenants. ESAs should be well-behaved. If they pose a danger to other tenants, landlords don’t have to accommodate them.
• -The animal requires extensive housing. For instance, if you have a horse as an ESA, the FHA would not require your complex to provide a horse stable.

[Theresa Harris]

Nathan is right.  A service animal is not a pet and isn't the same as an emotional support animal (aka pet with paperwork allowing tenants to have a pet).  The ESA has gotten out of control.

[Michael Baum]

Hey @Jory Wilder. Tough first post. I think everyone really covered things well.

Right now, if they are actually in the house, they will be considered a tenant due to the 30 day stay setup.

What you need to decide is if you play hardball or not. They may have no intention of staying past the 30 days. If you go easy on them, let them pony up a $250 or whatever pet fee and leave it alone, that might be the best way to handle this. You can always do a deep clean. Most dog owners are pretty good and don't let their dog go wild in a rental.

If you play hardball, then they could just do the same. They might decide to overstay their agreement and force you to evict. Could take months.

Having a dog in the house isn't the end of the world.  We have allowed up to 2 dog from the get and haven't had any issues.

The biggest problem I see is the fact they might have been dishonest with you or desperate for a place like yours. Just need to ask and get the feel of what they are thinking. Don't over react.

[Bruce Woodruff]

Quote from @Michael Baum:

Just need to ask and get the feel of what they are thinking. Don't over react.

I agree with @Michael Baum. This could be a big nothing burger, where you can either just collect a fee and let them keep the dog, or throw them out now. Good idea to get a feel for the situation...most people are not Aholes....

[Aaron T.]

According to Airbnb they dont have to disclose it, but its good practice. Try to charge a pet fee as well. IF its truly a service dog, then ask them the two golden questions for service animals. 

[Nathan Gesner]

Quote from @Troy P.:

@Nathan Gesner when you say "Emotional Support Animals are covered by Fair Housing, which only applies to their permanent residence", does that mean an LTR vs an STR? You must allow an Emotional Support animal in an LTR unless you have a valid reason, is that correct?

Correct. The Emotional Support Animal law applies to one's permanent residence, meaning a long-term rental of greater than 30 days. It does not apply to short-term rentals.

Be careful. I believe New York and California require short-term hosts to allow an ESA, but you may be allowed to charge extra for it because of cleaning requirements. Check your state laws to be sure.

[Erik Stenbakken]

When it comes to service animals, that’s federal and applies everywhere. When it comes to emotional support animals, that can vary state by state. We have short term rentals in various states. One state does not require us to accommodate emotional support animals. By state law, or other state does. 

[Bruce Woodruff]

Quote from @Nathan Gesner:

Be careful. I believe New York and California require short-term hosts to allow an ESA, but you may be allowed to charge extra for it because of cleaning requirements. Check your state laws to be sure.

I did a little research and found that CA does not make landlords take ESAs in a public establishment (any place open to the public such as - and they specifically mention hotels)                         

"Unfortunately, there are no similar emotional support animal hotel laws, and it is left to the hotel’s discretion to decide whether to allow your animal in or not."

[January Johnson]

I'll tell you from personal experience, Airbnb does NOT cover damages caused by guests who bring undisclosed animals.  I had a guest's dog ruin a daybed mattress and some other things on my porch and NONE OF IT WAS COVERED, even though I had denied the animal and my policy says I don't accept them.