Let's be honest - dealing with service animals and emotional support animals as a landlord can be confusing. We'll break it down in plain English so you know exactly what you can and can't do when a tenant says they have one.
The Two Types of Support Animals: What's the Difference?
Service Animals: The Highly Trained Helpers
Think of service animals like four-legged employees. They're trained to do specific jobs for people with disabilities. Usually, we're talking about dogs here. They might:
- Help blind people get around
- Alert deaf people when someone's at the door
- Warn someone before they have a seizure
- Help someone with PTSD during panic attacks
- Remind people to take their medicine
Emotional Support Animals (ESAs): The Comfort Crew
These are more like comfort buddies. They help just by being there - no special training is required. They can be any kind of pet, from dogs to cats to hamsters.
What Can You Do When a Tenant Claims They Have a Service Animal?
You can ask exactly two questions:
1. "Do you need this animal because of a disability?"
2. "What specific task is this animal trained to do?"
That's it. If they can't tell you what the animal is trained to do, something's fishy.
Red Flags to Watch For
Watch out if your tenant:
- Says they have a "registered" service animal (there's no real registry)
- Can't explain what the animal is trained to do
- Got their paperwork from a website
- Suddenly claims their new pet is a service animal after getting caught breaking your no-pets rule
The Money Part
Here's the deal with fees:
- You can't charge pet deposits or pet rent for real service animals or ESAs
- But you can still charge them for any damage the animal causes
- Regular security deposits still apply
What About State Laws?
Here's the thing - every state has their own rules about service animals. Some states:
- Make it illegal to fake having a service animal
- Require special paperwork
- Give landlords extra protections
This is why you really need to:
1. Talk to a local lawyer who knows these laws
2. Check your state and city rules
3. Don't just copy what other landlords are doing
When Can You Say No?
You can deny an animal if:
- It's dangerous
- It's destroying your property
- The tenant won't control it
- They can't prove it's really an ESA (if they claim it is)
Protecting Yourself
Smart landlords should:
- Keep copies of everything in writing
- Take pictures of any damage
- Respond quickly to requests
- Treat everyone the same way
- Get help from a lawyer when needed
Bottom Line
If someone claims they have a service animal:
1. Ask those two questions we talked about
2. Document everything
3. Don't charge extra fees
4. Talk to a lawyer if you're unsure
If they say it's an emotional support animal:
1. Ask for documentation from their healthcare provider
2. Make sure it's from a real doctor or therapist
3. Follow your lawyer's advice
Remember: This stuff is complicated, and the rules change all the time. When in doubt, talk to a lawyer who knows your local laws. Don't risk getting sued because you read something on the internet - even this article! Get professional legal advice for your specific situation.
Need Help?
- Talk to a local real estate lawyer
- Join a landlord association in your area
- Check your state's housing department website
- Keep up with local law changes
The key is staying informed and getting professional help when you need it. It's better to spend a little money on legal advice now than deal with a lawsuit later!
Comments