no pet policy, lease holders boyfriend has a service animal. : ezLandlordForms

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Lisa A

started a topic almost 9 years ago

Hi, I have a tenant who signed a no pet policy with lease. It has been brought to our attention, that there is a dog on the leased premises. The tenant says the dog is her boyfriends who visits often, and that the dog is a service animal. When asked to provide proper documentation regarding service animal, she submitted a registered service animal online, which anyone can do. Can I charge her a deposit, since the boyfriend is not on the lease and the dog is not her service animal? She is technically violating her lease.

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David D

said almost 9 years ago

Find out what your particular state requires for a dog to be a service animal and whether the person with the "service" dog must show disability in order to have a "service" dog. In other words, do some homework OR as ALL landlords should have.....call your R.E. attorney. (Crazy if you don't have access to one for these types of problems....Well worth spending $100 for a 20 minute phone call), ESPECIALLY in an area that can have you sued for discrimination ASSUMING he really DOES have and need a service animal. After you discover the criteria, call your teanant and tell them you'll need that information within 10 days. Be nice, and ask if they forsee a problem obtaining this. Ignore any hostilities they may present (especially IF they are "fibbing"). At the same time, email your tenant that you are writing to remind them of your request for -------- (whatever documentation is state required). State that if you do not receive proper documentation within 10 days, the dog may not be allowed on the premises because it is a violation of the lease. If you do not receive documentation in the 10 days, call tenant and nicely tell them that the dog cannot be inside the property any longer. TALK to your tenant, and try to get this resolved without conflict. If your tenant was "fibbing", don't try to CATCH them....just make them aware that unfortunately because you don't have any documentation, the dog cannot be on the property and that you feel bad and hope they can get the documentation to you as quickly as possible. This will allow your tenant to save face (if indeed the dog is not a service animal). UNFORTUNATELY, it is going to be impossible to evict the tenant unless you have "neighbors" who are willing to act as witnesses for you saying they saw the dog inside the property. ALSO, you cannot simply just CHARGE HER A PET FEE (as states by Susan above). First of all, you will not get her to pay you any fee, and so you would have to deduct it from her security deposit. If she takes you to court demanding that you repay this deduction, you will have to have witnesses and evidence that she HAD A DOG that caused damages (the reason for a PET FEE). Also, the judge will ask you why you didn't EVICT the tenant if you had such evidence

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Susan P

said almost 9 years ago

You can evict her in the worst case scenario, but if you can prove that it is not a service animal and you can by your states official website you can charge her the money it costs for a pet fee, non-refundable. If they are lying and made a fake document, and no not all animals can be registered online as a service dog, there is intense training they must go through, consider eviction. If it is a service dog verified with your state, you cannot charge money as these are not considered pets or animals. I hope this helps!