Can My Landlord Evict Me For Having A Service Dog

Writer

September 22, 2014

Posted On

Why Landlords Experience Angered By Emotional Support Animals

We get endless feedback from landlords on tenants who have emotional back up animals. The anger comes in when they experience the post-obit scenario has taken place.

The landlord's dilemma with emotional support animals. #PropertyPains #RentPrep #ESA #renter @landlord pic.twitter.com/7aHWmEqxpf

— RentPrep (@RentPrep) February two, 2018

This is a mutual theme that is developing where an interested renter searches how to get around a no pet policy and they land on a service similar this.

This particular service is non saying, "Do you suffer from feet and need a letter for your emotional support animal?"

No… instead it's saying we've got the solution to get around a no pet policy or high pet eolith. This is what frustrates landlords and why it's important to heed to the podcast above and learn the pushback mechanics when you feel someone might have a dubious ESA letter of the alphabet.

Communication from a Seasoned Belongings Manager on ESAs

Tracy Streich of Renters Place in Tulsa, OK joined us for a alive Facebook interview.

He manages over 500 single family homes and has a lot of experience dealing with tenants and ESAs.

If you skip ahead to the 19:50 marking in the video below you tin hear his insights.

Disabled Tenants and Assist Animals

Instead of learning the hard mode and getting in trouble with the law for bigotry, larn most the different kinds of assistance animals and what conditions must exist before y'all are required to allow them into your rental property.

Reasonable accommodations are defined as when a tenant asks a landlord to make a modify in an existing rule or policy so they accept an equal opportunity to enjoy the unit and surrounding holding.

In order to qualify for reasonable accommodations due to disability, the tenant must see the following atmospheric condition:

Have a physical or mental impairment that substantially limits one or more major life activities (such as walking, seeing, working, cleaning, dressing, and so forth),
Have a history such impairments,
Exist regarded every bit having such impairments.

(Fair Housing Human activity and the Americans with Disabilities Act)
There are a range of concrete and mental disabilities and there is only so much information y'all are entitled to get from a tenant. Of course, landlords cannot pass up to rent to tenants with disabilities nor can yous ask applicants and tenants about the details of any conditions. Sometimes the disability is credible, such as a tenant in a wheelchair, but many times a person'due south disability is not obvious to observers.

There are many laws that protect tenants with disabilities and landlords are required to brand reasonable accommodations for them to alive in a rental property. Lawmakers have determined that in most cases, assistance animals are non outside the definition of reasonable accommodations for disabilities.

In April of 2013, the Housing and Urban Development clarified the conditions for assistance animals. Essentially, the ruling states that people with disabilities may asking reasonable accommodations for any assistance animate being, including emotional back up animals. HUD separates assist animals into two categories–service animals and support or companion animals. It also sets up two weather condition that, if the answers are yes, the landlord must allow the assistance animal.
Here are the two conditions:

Does the person requesting the animal indeed have a diagnosed disability that that impacts major life activities?
Does the person requesting the animate being accept a disability-related need for it and will the beast help, perform tasks or perform services for the disabled person?

If information technology's no to either, you lot do not have to permit the assistance animal. If it is yes to both, the exceptions must be fabricated in nearly cases.

What is a Service Brute?

Another important footstep for yous in dealing with a tenant request for an help beast is to empathize the two types—service animals and companion animals. According to the Americans with Disabilities Human activity, a true service animate being is a dog trained to provide assistance to the owner who has a inability. While in some special circumstances miniature horses can be licensed service animals, dogs are generally the only animals that legally tin can be true service animals.

Service animals must provide a function that the owner cannot do on their ain. Maybe the most familiar service animals are seeing eye dogs or guide dogs who help the bullheaded to get effectually. Other examples of service dogs include those for hearing impaired owners who rely on the dogs to alert them to sounds, dogs that pull wheelchairs or pick up things for wheelchair-bound owners, and dogs that are trained to alarm owners of impending medical conditions similar seizures or insulin imbalances.

The cardinal factor in what elevates a service creature over a pet is preparation and documentation. Service animals are advisedly trained by experts or their owners to do their tasks. A service animal'southward owner might possess identification papers and the animal frequently wears some kind of identification collar or harness (simply not always). Service animals are generally well trained, well behaved and take their "job" seriously.

Landlords and Service Animals

The requirements for landlords to make allowances for a service fauna to reside in a rental unit are definitely addressed past The Federal Off-white Housing Act and the Americans with Disabilities Act as a reasonable accommodation for tenants with disabilities. In other words, the courts consider a tenant'due south use of a service animal as an accommodation that should exist outside any landlord'due south no pet policy. Y'all should be cautious in challenging a tenant'southward right to a service animal.

Here are a few key points for landlords to know:

Fifty-fifty if a landlord has a no pet policy in identify, the law does not consider service animals as pets and therefore the service animal is exempt from such a restriction.
Service animals are allowed anywhere a person would become, including food areas that would normally restrict an fauna's presence.
Landlords cannot charge a pet deposit or pet fee for service animals, however the tenant is liable for whatsoever damage that the service beast may cause.
Landlords tin can crave written verification from the tenant'south health intendance provider that they are disabled only cannot ask for any specifics most the disability.
Landlords tin require written verification from the tenant's wellness care provider that the service beast is needed.
Landlords can asking copies of the beast's health records to prove the animate being is in good health, parasite-free and immunized/vaccinated.
Landlords can write warnings or even evict a tenant with a service fauna if the animal is disturbing others, posing a threat to others or causing considerable damage to the belongings.

In other words, you can ask for appropriate paperwork concerning the tenant's need for the service animal and to verify the animal's health.

Ultimately, for tenants with a diagnosable disability who require the assistance of a service creature, landlords must allow service animals in the rental unit and brand reasonable accommodations for both the tenant and the animal.

What is a Companion Animal?

An emotional support animal (ESA) or companion fauna is one who helps people with mental disabilities. Studies show that frequently, people disabled with conditions like anxiety, depression, autism, or post-traumatic stress can convalesce symptoms with an emotional support creature. One of the major differences between a companion animal and a service creature is that there are no species or breed restrictions. In other words, an ESA could exist a dog, true cat, lizard, bird, monkey, ferret, serpent or other creature.

The other major difference between a service beast and a companion animal is that they don't need to have any grooming nor perform any physical
chore. Their purpose is to provide companionship and comfort to the owner. ESAs do not even need basic behavior training to qualify. The critical component of a companion animal for a disabled person must be that at that place is a significantly identifiable relationship, known in legal terms as a nexus, between the tenant'due south disability and the need for a companion fauna. In other words, the health care professional and the tenant must be able to evidence a nexus between what the companion creature provides and the person's disability in club for the animal to qualify as more than just a pet who makes them feel skilful.

Co-ordinate to the Americans with Disabilities Act, a companion animal does not authorize equally a service animate being and therefore they are non mostly immune in public places, like restaurants, as service animals are. The Off-white Housing Act allows for companion animals in rental units but not necessarily in common areas like a puddle area or courtyard.

In short, the laws create a situation where the qualifying standards are set fairly depression for tenants to qualify for companion animals and many landlords feel frustrated at the restrictions the laws place on them to exist able to regulate animals in rental properties.

Landlords and Companion Animals

The Federal Fair Housing Human activity and the Americans with Disabilities Act require landlords to provide reasonable accommodations for tenants with disabilities, and companion animals do authorize. Remember, to qualify for a companion creature, tenants must have a qualifying inability and be able to demonstrate a nexus.

Hither are a few key points for landlords to know:

Companion animals must follow the same reasonable rules that apply to pets equally far as waste, leash restrictions damage, noise and prophylactic.
Landlords may accept some say in setting limits on size, species, breed and number of companion animals and several tenant companion animal requests have been considered unreasonable and upheld by the courts, while others have non. For example, the court may observe a single cat every bit a companion animal is reasonable, whereas five cats might easily be considered unreasonable.
Landlords cannot charge pet deposits or pet fees because the police force doesn't consider companion animals as pets.
Landlords can asking a written statement from a health care provider confirming the tenant'southward disability and the nexus of a companion fauna and confirmation that its presence will ease the disability.
Landlords can require health and wellness documentation for the companion creature, such as immunization/vaccination records and so forth.
Landlords tin can notwithstanding write warnings, deliver official notices or even evict the tenant and companion animal for things similar excessive dissonance, property damage, behavior issues or whenever the companion animal might threaten the prophylactic of other tenants.
Landlords tin can refuse to let certain companion animals if the animate being volition present undue hardship or expense for the landlord'due south business organization. An case of this is when a landlord's insurance visitor volition heighten rates or drop coverage for certain dog breeds to live on the property that are considered as well aggressive, similar pit bulls.

Many of the court cases involving landlords, tenants and animals heart on the laws, rules and regulations well-nigh companion animals, non service animals. To outsiders, it is difficult to distinguish between a companion animal and a pet. Information technology's important that you lot work closely with your attorney when it comes to tenant requests for companion animals to ensure you are following federal, land and municipal laws regarding reasonable accommodations.

Common Conflicts with Assistance Animals

The Federal Off-white Housing rules treat a service animal and a companion beast in much the same fashion, with laws and rules similar for both. Still, landlords often have more than conflicts when information technology comes to companion animals versus service animals because the differences betwixt them are and then vast.

Considering service animals are limited to a couple of species, rigorously trained and therefore much better behaved, few landlords accept issues with them. However, companion animals cover a range of species, breeds and behavior.

Here is a quick list of common landlord complaints about companion animals:

There are no clear guidelines on what kind of animal can be a companion animate being nor any restrictions on size, breed, or fifty-fifty number.
In that location are no guidelines on how the tenant chooses the companion creature.
There are no requirements for training, socialization or beliefs standards.
Landlords cannot question the preparation level of the brute.
There is great leeway in who tin can prescribe an assistance animate being; it doesn't take to be a doctor, just someone qualified to treat a disability.
Landlords cannot question whether other options besides an animal are possible in treating the tenant'south disability.

Pet Addendum for Lease

We recommend going with the Pet Addendum provided past Rocket Lawyer. This addendum will requite you further protections in your lease and the document was created past lawyers with landlords in mind.

The link above is an affiliate link and will non create whatever additional charge for landlords. It's a reputable service that we rely on for specific addendums to the lease.

Tin Landlords Deny Assistance Animals?

There are a few situations where y'all tin can deny assistance animals but in doing so, yous run the risk of getting into legal trouble if you have non covered all your bases and consulted with your landlord tenant chaser.
Here are a few reasons a landlord could deny a tenant'southward request for a an help animate being or start the eviction process against the tenant based on the beast:

The tenant is not legally disabled or cannot bear witness information technology in writing via a health care professional person.
The assistance animal is not prescribed for the treatment of the tenant'southward specific disability or no nexus is demonstrated or backed up in writing by a health care professional.
The assistance animate being would create an undue burden, such equally keeping a miniature horse in a high rise flat where in that location is no facility for housing such an animal.
The assistance animal is illegal or otherwise not immune according to state or municipal constabulary, such as an exotic animate being or a unsafe breed of animate being.
The animal is a straight threat to the health and safety of other tenants which cannot be reduced or eliminated.
The assistance creature creates "an undue fiscal burden or administrative burden on the landlord."
The presence of the beast "fundamentally alters the nature of the housing provider'due south operations."
The tenant won't take responsibility for the animal, such every bit cleaning up waste material, letting it run free, or resolving noise problems.

Each of these situations are reflected in a handful of court rulings that went in favor of the landlord. However, you should definitely consult with an attorney earlier issuing notices, warnings or starting the eviction process against a tenant with an aid fauna to ensure you lot stay clear of any violations.

Exploiting Assistance Animals

1 matter landlords everywhere should exist aware of is the growing trend for applicants and tenants to present imitation aid animals in social club to brim standard pet rules and fees. There are enough of websites that will allow people to register a dog every bit a "service" dog and provide a badge or vest with a certificate, just for a fee.

Other people may attempt to nowadays forged doctor or therapist note about a companion creature in an try to get around a landlord's no pet policy. If y'all suspect this is the example, it's okay to look the medical professional upwardly on the state licensing board and verify their identity. Information technology'southward likewise acceptable to contact the letter author's office and explain yourself and ask for confirmation that the medical professional did indeed write the alphabetic character. A quick internet search can also weed out a fee-based certification or companion animal setup too.

Landlords should be careful not to give the impression that they are harassing or otherwise doubting the tenant'due south request, just simply doing due diligence in confirming the document. Fair housing laws generally require that the person providing a tenant's documentation almost the inability must be a person "who is in a position to know" nigh the tenant's inability. It's entirely within your rights to confirm that a legitimate health professional person has prescribed the companion animate being for the tenant.

In curt, examining a tenant'south request for an assistance animal is quite complicated and there is no quick style to figure out the diverse facets of each private case. With the aid of a landlord tenant chaser and becoming familiar with the laws in place, landlords can meliorate navigate the murky waters of banana animals in rental backdrop.
FAQs on Service Dogs and Emotional Back up animals

Can a landlord refuse a service dog

Many times renters and landlord confuse the difference betwixt a service dog and an emotional support animal. A landlord cannot deny a renter the rights to a legitimate service domestic dog. However, if there are restricted breeds co-ordinate to their insurance policy they will need to consult with their insurance company to make certain they won't lose insurance based on the breed of the animal.

Tin a landlord refuse a service canis familiaris based on breed

According to HUD.gov, "Brood, size, and weight limitations may not exist practical to an assistance creature." This, yet, is debated because some insurance companies have restricted breeds on their policy. Some landlords pass up service animals if their insurance policy will be dropped. This is something the landlord should hash out with their insurance agency.