Service Dog : ezLandlordForms

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Marm G

started a topic almost 11 years ago

What does the Law reads in California regarding renting to a person that has a service dog? Can the tenant ask for a proof that the dog is actually a service dog?

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Susan P

said almost 11 years ago

I found these laws a while back when a prospective tenant was applying to rent out my property and they had a service dog. Because of the Americans with Disabilities Act these laws supersede any local or state laws. From what I understand you cannot charge a pet fee but you can charge as a tenant would be charged for damages at the end of the lease. Yes the Landlord can request verification of the animals certificate and they must fall under titles II and III of the ADA, to be considered service dogs. A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence. People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals. If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal.

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Adrien L

said almost 7 years ago

Yes i would charge a cleaning fee too! I would just look up the laws on fee's that your area allows.

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Matthew M

said about 5 years ago

If it's an "emotional support" pet, it does not fall under ADA (Americans with Disabilities Act) regulations. It MUST be ADA certified. ADA certified pets are dogs that provide for loss of sight/hearing/physical disability etc, not emotional support.

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Hau N

said about 5 years ago

Thank you very much Matthew.

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Richard W

said about 5 years ago

The short answer is there is no official certification or registration for service animals. Faced with questioning a person about their "service animal", you may only make inquiry into the nature of the animal and the function it performs. Do not ask the person if they are disabled or attempt to make a judgement. The best clue that an animal is actually a service animal is by observing its behavior. They are not pets, they don't behave like pets. They are working animals focused on their handler, while ignoring outside distractions, they are well behaved and reserved. Animals that seek outside attention, are distracted, don't follow the handlers commands, are most likely not service animals, but I wouldn't bet the farm on trying to prove it in court. So my advise is to bone up on service animals by visiting www.ADA.gov, search on "service animals" and read every article to become informed first hand. Don't risk a law suit by asking strangers for advise. By the way, I have a service animal and I'm also a landlord with several properties. I do allow pets, but I also require a huge security deposit and a supplemental agreement whereby a tenant agrees to be financially responsible for damages incurred by their pets. I've had to rely on this in the past and it served me well. You can download a basic pet addendum or supplemental agreement on the ezlandlordforms.com website, under the heading "Forms" and then modify it as you wish. Good luck REW

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Scott H

said about 4 years ago

I don't know why you need a addendum for additional liability. He is responsible for any damage no matter what caused it. Him, the girlfriend, the dog, a guest, or anything else he allows into the house. Hopefully you require renters insurance, I would tell him a what the dog to be listed on his insurance and to provide you with a copy.