emotional support animals : ezLandlordForms

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Amy S

started a topic over 6 years ago

I have a tenant who bought a puppy and is telling me that I can't legally do anything about it because it is her emotional support animal. Does anyone know if this is true?

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Scott H

said over 6 years ago

https://www.greenresidential.com/what-landlords-need-to-know-about-emotional-support-animals/ https://www.rentprep.com/property-management/landlord-guide-assistance-animals/ A couple of websites with good info.

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John P

said over 6 years ago

My attorney advises me I can ask for paperwork from local mental health professionals, and don't have to accept Internet paperwork which is generally bullshit. After stating this, every single applicant has disappeared on me. I allow pets, sometimes the condo has weight limits, and I love dogs----I think ALL dogs are ESA....but this getting around the rules just because you want a dog is a scam.

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Matthew M

said over 5 years ago

Emotional Support Animals are NOT subject to ADA (Americans with Disabilities Act) rulings. Period. Therefore, a landlord can deny occupancy if desired. They just spent money on a worthless piece of paper.

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Matthew M

said over 4 years ago

No. It is not true. "Emotional Support" animals are not protected by ADA regulations. Additionally, even if they were, you can still charge a pet fee/rent modification. ADA regs only protect a tenant from being denied an apartment based upon having a pet. Notes from a doctor are not the same as ADA certified.

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Scott H

said over 4 years ago

When does their lease end? are they on month to month? just raise the rent. with lease renewal.

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Ricardo C

said over 4 years ago

Please check with local state laws, here in California ESAs are covered by HUD, which governs the state laws. So although ESAs may not have the same protections under the ADA in my case, they are protected by HUD. Good luck

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John K

said over 4 years ago

There are federal and state laws regarding ADA service animals and ESA animals. Look at the state laws regarding ESA pets in your state. While they are not the same there are laws protecting people with ESA animals in rentals. My reading on these animals it is clear that you cannot charge pet fees or pet deposits. You can ask for veterinary docs regarding vaccines and care. You can ask if it is a service animal (ADA) and what service it provides for a disabled person. Some ESA pets provide comfort, emotional support. Its a little fuzzy with the ESA. You are right in being concerned. Just had a tenant who snuck in a pit bull dog with a no pet lease. He is disabled. He lied and said he was pet sitting. Informed no dogs or pets regardless. Lied still afterwards when dog still on property. I am grateful he was on a month to month lease. The best thing I ever did with his lease renewal 2 years prior. I was suspect he would do the ESA thing, ugh. On a month to month lease in FL you can terminate the lease with 15 day notice or whatever you have in your lease. So I could terminate without cause. An ESA would have given him consideration by a judge and it would have been costly or even impossible to evict. Ugh. Be well read on this pet stuff or you could have a lawsuit coming your way. The dog caused major damage btw. Wall damage, base trim completely damaged, urine into the drywall, destroyed door. Holdover tenant, damages exceeding sec. dep but clicking my heels he's out. No sense filing any damage claim in court, you'd never see a dime. The Landlord life.

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Nancy W

said over 2 years ago

Seeing online that service animals and emotional support animals are required to be accepted/not discriminated against, with no pet fees, see: https://www.rentgrace.com/blog/six-things-denver-rental-managers-need-to-know-about-service-animals Also this : An ESA letter is the only legal document that is required for emotional support animals in Colorado. ESA Doctors, est. 2015 The ESA Letter There is specific information that must be included in your ESA letter: It must be written on your health professional’s letterhead It includes their name, license number, date of issue, and state it was issued It contains the licensed medical health professional’s signature You can obtain an ESA letter through an in-person visit or an online therapist. https://esadoctors.com/colorado-emotional-support-animal/