Emotional Support Animal causing noise complaints in a long-term-rental

[Corinne Johnson]

Hello, 

I have a two-unit SFH (first floor unit & second floor unit which share a main entrance but have separate private entrances once inside the house), located in California (I know...). This is my only property.

The upstairs tenant has an ESA that is left home alone for several hours at a time during the day. Its barking is on and off, but almost every day there are easily blocks of 30-45 minutes when it's barking pretty much non-stop. It's a really high-energy dog and I don't think they take it out often enough, so they play indoors a lot. The downstairs tenant has sent me videos of the noise, and it seems excessively loud and obnoxious. I know it's not as bad as some of the other stories I've read (like barking all night), but am I crazy in thinking that is clearly a violation of standard noise clauses by any reasonable measure? 

Noise travels easily in this house, and the first floor tenants have been complaining every day. I think they're justified, and I'm committed to helping them because this seems unfair, but I've never had to enforce the lease except for non-payment of rent. And this is my first time renting to a tenant with an ESA. 

Has anyone been in a similar situation before? Could you please share your experiences, tips, things to look out for? Thank you so much. I've been losing sleep over this!

[Greg M.]

I had a near exact problem and I'm also in CA. Pet, ESA, or legitimate service animal, it doesn't matter. They all have to follow the rules. They cannot disturb other tenants. 

Inform the tenant that their dog is causing a disturbance and that they have X days to rectify it. If they try to pull that ESA crap, let them know that all animals have to follow the rules legally and that just because it is an ESA they are not magically exempt. 

If they complain, tell them to print out a copy of the law that says otherwise. Any quick search on this issue will clearly say that the animal cannot cause a disturbance to others. That would not be a reasonable accommodation.