allowing dogs : ezLandlordForms

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Jacob W

started a topic about 14 years ago

Is it acceptable to allow dogs in one half of a duplex and not the other? I've heard different things one being that if allow one half to have pets I legally have to let the other.

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Victoria K

said over 5 years ago

Tenant lived in my house 2 yrs while agency managed & on 3rd year I took back over Mgmt & discover they have a dog (lease prohibits dogs). While hvac man installed new system he reported Dog to me - I confronted tenant and tenant begged keep the ONE Dog so I drew up new lease allowed ONE dog only very clearly stated After tenant moved out I discovered they actually had three Dogs which required additional cleaning & painting to remove dog hairs and smells Also discovered last water bill was not paid so water company will hold me Responsible to pay bill & that there were more people living in the house than was suppose Be per lease agreement.... my question is does the discovery after tenant moves out Cause a breach of lease and allow me keep deposit to pay for bills & repairs & painting??

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Darlene D

said over 5 years ago

On the other hand, if they have a mental illness they may not be considered able to enter a contract either so you might have an out unless there will be someone that has POA involved.

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Darlene D

said over 5 years ago

My research came up with the following Federal ruling: The medical profession has determined a theapy/support dog can be very therapeutic for someone with emotional or mental disability. If a tenant meets this criteria and I would assume you could require some proof of this, if would be unlawful to deny to rent to them or allow the service dog. I'm sure you could find more on this subject under Federal Housing Authorities or Federal Disabilities Act. The one thing you don't want to do is be on the wrong side of those laws. Hope the dog isn't old and you have carpet too.

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Darlene D

said over 5 years ago

My research came up with the following Federal ruling: The medical profession has determined a theapy/support dog can be very therapeutic for someone with emotional or mental disability. If a tenant meets this criteria and I would assume you could require some proof of this, if would be unlawful to deny to rent to them or allow the service dog. I'm sure you could find more on this subject under Federal Housing Authorities or Federal Disabilities Act. The one thing you don't want to do is be on the wrong side of those laws. Hope the dog isn't old and you have carpet too.

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Darlene D

said over 5 years ago

My research came up with the following Federal ruling: The medical profession has determined a theapy/support dog can be very therapeutic for someone with emotional or mental disability. If a tenant meets this criteria and I would assume you could require some proof of this, if would be unlawful to deny to rent to them or allow the service dog. I'm sure you could find more on this subject under Federal Housing Authorities or Federal Disabilities Act. The one thing you don't want to do is be on the wrong side of those laws. Hope the dog isn't old and you have carpet too.

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Jahfwkwi J

said over 5 years ago

20

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Matthew M

said almost 6 years ago

Emotional Support Animals are NOT protected by the ADA (Americans with Disabilities Act) therefore it's your judgement. Service animals are professionally trained and licensed and pretty much limited for use in assisting the blind whereas an "Emotional Support Animal" is not.

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Mike M

said almost 6 years ago

Does a landlord in Michigan have to allow a tenant who initially signed a lease agreement stating "no pets" to get a dog because it is an "emotional support animal (dog)"? Is there a difference between a service and emotional support animal? If I do have to allow the dog then can I charge a non-refundable pet fee plus increase their monthly rent charge?

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Matthew M

said over 6 years ago

Hello, I know this thread is over eight years old but there's is common misconception running through the entire subject; The only criteria that would legally be considered "discrimination" are Race, Religion, Country of Origin, Gender, Age, Physical (not emotional) disability and Pregnancy." - That's it, that's all, nothing else. While you can be threatened, no one can seek legal action against you for issues regarding pet ownership and your property and what you decide to allow/not allow in one unit has no bearing as to what you can allow in others. Good Luck

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Darlene D

said over 6 years ago

If you are going to change your policy of allowing pets on all future tenants, then no you are ok to not allow pets with one tenant grandfathered in prior to the change in your policy and once they move there will be no pets allowed in any unit. You will be safe under these circumstances. Just be careful you apply the no pet rule consistently in the future and you'll be within the law.

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Darlene D

said over 6 years ago

If you are going to change your policy of allowing pets on all future tenants, then no you are ok to not allow pets with one tenant grandfathered in prior to the change in your policy and once they move there will be no pets allowed in any unit. You will be safe under these circumstances. Just be careful you apply the no pet rule consistently in the future and you'll be within the law.

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Scott H

said almost 7 years ago

Don't call it a non-refundable pet deposit. Call it a pet fee.

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Dana B

said over 7 years ago

I charge a non refundable pet deposit and an additional charge per month for the pet to be on premises. when I rented I was charged both. and after replacing carpets in both rentals. it helps to soften the cost of replacing carpets. I only allow dogs not cats. cats can actually do more damage.

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Scott H

said over 7 years ago

If the dog won't stop barking treat it as a noise problem.

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Mary S

said over 7 years ago

Has anyone run into a situation with a tenant that requires an emotional support animal? (ESA) We don't allow animals in our duplex because of the shared walls and yard. We have a tenant that now says they need this animal. From what I can find, I am unable to require more rent or more of a deposit. This dog wont stop barking and is bothering the other tenant! What can I do?