Service Animals: “Guest Brought 3 ‘Emotional Support’ Pitbulls: Damage & Liability Realities.”

I have a “No Pets” policy, but a guest instant-booked and showed up with three “Emotional Support Animals” (ESAs). I couldn’t deny them without risking an Airbnb ban. They chewed the doorframes and scratched the floors ($4,000 damage). AirCover is asking for “pet deposit” proof (which I don’t have), and my insurance excludes “animals owned or kept by any insured or tenant.”

Key Takeaways

  • ESA vs. Service Animal: Legally, you must accept Service Animals (dogs trained for a task). ESAs are trickier, but Airbnb’s policy (especially in CA/NY) strongly protects them. You generally cannot charge pet fees for them.
  • The Damage Gap: AirCover’s “Pet Damage” coverage usually requires you to have a valid pet deposit or cleaning fee structure, but you can’t charge fees for ESAs. It’s a loop.
  • Insurance Exclusion: If your policy excludes Pitbulls, and you allow an ESA Pitbull in (even forced by law), you are technically violating your insurance contract.
  • Multiple Animals: ADA protects one service animal usually. Three ESAs is a grey area where you might have pushback rights, but it’s risky.

The “Why” (The Trap)

The trap is the Conflict between Fair Housing/Airbnb Rules and Insurance Exclusions.

Airbnb says “You must accept them.” Your insurer says “If a Pitbull is on the property, coverage is void.” You are stuck in the middle. If that dog bites someone, the insurer denies the claim because of the breed. If you deny the booking, you get sued for discrimination.

The Investigation: I Called Them

  • Airbnb AirCover: I checked the “Pet Damage” terms. They cover damage by ESAs if you can prove it. But for liability (bites), they are the safety net if your primary denies.
  • CBIZ: I asked, “If I’m forced to take an ESA Pitbull, am I covered?” CBIZ said yes—they have no breed restrictions. This is the “Pro” move.
  • State Farm: “If the breed is on our prohibited list, there is no coverage for liability, period.” Even if it’s an ESA.

Comparison Table: ESA Liability & Damage

FeatureAirbnb AirCoverCommercial STR (CBIZ/Proper)Standard Homeowner
Breed RestrictionsNone (Usually)NOYES (Strict)
Damage by ESAYESYESNO (Often excluded)
Charging Pet FeesNO (For ESAs)N/AN/A
Liability (Bite)YESYESNO (If breed excluded)

[IMAGE: Infographic showing a ‘Service Dog’ vest vs. a generic ‘ESA’ certificate, highlighting the legal differences]

Step-by-Step Action Plan

  1. Switch to Commercial Insurance: If you host, you will get an ESA Pitbull eventually. You need a policy (like Proper or CBIZ) that has zero breed restrictions.
  2. Document the Damage: Take photos immediately. Submit the AirCover claim as “Host Damage,” not “Pet Damage” if possible, focusing on the destruction of property.
  3. Ask the Two Legal Questions: You can ask: 1. Is the dog a service animal required because of a disability? 2. What work or task has the dog been trained to perform? (You cannot ask for papers).
  4. Report “Uncontrolled” Animals: If the dogs are barking alone or aggressive, they lose protection. Record it and call Airbnb Safety to have them removed.

FAQ

Can I charge an extra cleaning fee for an ESA?
No. That is discrimination. You can only charge if they actually damage something.

What if they bring 3 dogs?
You can argue that three animals pose an “undue burden” or health hazard in a small unit, but this is a legal minefield. Consult a lawyer.

Does AirCover pay for urine smells?
They pay for cleaning. If the urine soaked the subfloor and you need to replace carpet, they will fight you on “betterment” (replacing old carpet with new).

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