Tenant has a dog when I have no pet policy

Newark, New Jersey
General Landlording & Rental Properties
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Tenant has a dog when I have no pet policy

Linda Robinson
Member since 2020 · 10 posts · 2 votes

I have a no pet policy. I used a realtor to screen tenants. We agreed on a section 8 tenant. After submitting the paperwork and having an inspection the tenant was approved. She moved in and after 2wks my husband saw someone leave her apartment with a dog. I asked her if she had a dog she said yes. I told her the apartment was listed as no pets. She said she didn’t know the realtor never mentioned it and it’s an emotional support dog. I also asked why didn’t she mention it before now. She says she didn’t think it was a big deal. I told her the lease states no pets and asked for the paperwork . Now she is asking for a deadbolt lock and a peephole . I don’t want to do anything because I feel she was dishonest. I am leaning towards the deadbolt lock but no peephole. She previously asked to put up a ring bell . If she puts up the ring there is no need for a peephole. Thoughts? 

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Tim Miller
Rental Property Investor · Laurel, MD · Member since 2016 · 378 posts · 382 votes
4y

There is a service called PetScreening.com, we use it. This way it takes the legal hassle off of you. We've had 2 (now former tenants) get denied for their "so called" ESA pet. We were threatened with a HUD complaint and even had a lawyer call us. We simply referred them to our lawyer and never heard another word. Just remember that if you sign up for this service, you have to use it for all of your units. Good Luck!

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  • David Lee Hall, III
    Rental Property Investor · Pittsburgh, PA · Member since 2019 · 530 posts · 511 votes
    4y

    Agree on the peephole, waste of time.

    There was one place I was at that required deadbolts so you may want to check local ordinances prior to deciding. Additionally, you may be able to have her get HUD pay for it. (I have heard some crazy stories about HUD paying for thinks from ceiling fans to furnaces- evidently you/your tenant just need to know how to "use" the system properly)

    Good luck on the dog. That is an excuse most people use to keep animals, occasionally it is needed. There is not enough case law on it. It comes up every other month at REIA here. Best choice of action I have heard is agree to it, but require a medical (psychologist) note for a support animal and support Animal training certificate (available to anyone in the internet which is why this is a joke excuse). Now, the big thing to tiptoe around is HIPPA/privacy/discrimination laws - you can't go asking what is wrong with them or risk lawsuits up there arse. So form the "Rx request" carefully. At the end of the day you can't have an unknowns animal, medical or not, on the premise in case you or officials (gas company etc) need to enter the unit without the tenant home. It could lead to injury or death to the person or animal.

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  • Linda Robinson
    OP
    Member since 2020 · 10 posts · 2 votes
    4y

    Thanks for your feedback . I just requested her paperwork on the “emotional support” dog. 

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    Does your lease state - in writing - that pets are not allowed? If so, this is a violation and she should be fined or you demand the dog be removed.

    However, she probably knows how to play the game and can get a doctor to write a letter designating the animal as an ESA. If she provides the evidence, you'll have to allow it.

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  • Linda Robinson
    OP
    Member since 2020 · 10 posts · 2 votes
    4y

    My lease does state No Pets , yes I believe she is playing the game. Now asking for things knowing I’m not happy at all about the dog. 

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  • David P.
    Member since 2020 · 404 posts · 235 votes
    4y

    This happened to me in Los Angeles. Unfortunately I am sucking it up because my options are limited. They are paying and the few times I visited inside the property is still in good shape. I would say if you are in the landlord friendly state then you got more on your side. If a tenant friendly state, we can't evict for pets or nuisance right now until 2023 so no point of even mentioning it.

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  • Tim Miller
    Rental Property Investor · Laurel, MD · Member since 2016 · 378 posts · 382 votes
    4y

    There is a service called PetScreening.com, we use it. This way it takes the legal hassle off of you. We've had 2 (now former tenants) get denied for their "so called" ESA pet. We were threatened with a HUD complaint and even had a lawyer call us. We simply referred them to our lawyer and never heard another word. Just remember that if you sign up for this service, you have to use it for all of your units. Good Luck!

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  • Alex Forest
    Rental Property Investor · Henrico, VA · Member since 2019 · 265 posts · 155 votes
    4y
    Quote from @Nathan Gesner:

    Does your lease state - in writing - that pets are not allowed? If so, this is a violation and she should be fined or you demand the dog be removed.

    However, she probably knows how to play the game and can get a doctor to write a letter designating the animal as an ESA. If she provides the evidence, you'll have to allow it.


     Nathan, how would you determine an appropriate fine ($200, $500, $1000..?)  and/or subsequent pet deposit and fee, if the Lease stated No pets but they then got one?  I have wondered about this for units where it clearly does not allow, and so no additional pet deposit or fee is included.  A post incident pet Addendum with this information for both parties to sign and agree to ...or if not agreed to the final alternative being breach of Lease and ability to give notice if it's really that worrisome to the Landlord? 

    Or in the future, include the pet addendum at lease signing even if policy is no pets? Doing this at lease signing just seems to give a message that at one point you'd be willing to consider and that it's an option.

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  • Brad HuntonPro Member
    Rental Property Investor · Granbury, TX · Member since 2020 · 84 posts · 70 votes
    4y

    @Alex Forest

    I used to say no pets on any of my rentals, but most people are just dishonest by nature and would bring pets in anyway. I started just charging a pet deposit of $350+$50 for each additional pet. Every tenant has paid without question and it gives me extra money to repair unit once they move out.

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  • Patricia Steiner
    Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    4y

    You can't impose a fine if the lease does not restrict pets nor does it reference a remedy.  I would ignore all of her "add on" requests at the moment and ask her to provide her dog's photo, breed/weight information, proof of vaccines being up-to-date, and registration.  Don't be distracted by her requests in response to your inquiry.  Let her know that she will need to secure Renter's Insurance with Landlord As Additionally Insured in order to keep the pets on premises.  Advise that she will also need to sign a Pet Agreement (pet has to be under her control at all times, the Tenant is solely responsible for the dog and any liability that could result, etc.) and that you will need to submit these documents to her caseworker as well.  Put your request in writing - email is fine - and carbon copy her caseworker.  I would also start the message by reiterating what you told her - that this was a no pet property - and attach a copy of the lease ad.  Advise that the following items are required in order for the pet to remain.  And, I would do nothing for her until she accounts and provides for the pet. Here's why:  In my state alone, a dog bite results in an average payout of $53,609.49; in 2019, there were over 1,268 claims totaling $67.97 million (source and great place to check out your state's stats on this:  https://arashlaw.com/what-is-t...)

    Protect yourself first...then put a note in file not to renew her lease. I would install a deadbolt as it is an essential security device but nothing more.  She can buy that RING camera she wants after she gets Renter's Insurance with pet coverage inclusion and gets the dog vaccinated.  (And, please change your lease today...if it's no pets, state it).




    Florida – Average dog bite payout $53,603.49 over 1,268 claims totaling $67.97 million.

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  • Linda Robinson
    OP
    Member since 2020 · 10 posts · 2 votes
    4y

    So I asked her to pay $250 deposit and she is hesitant sayings it’s an emotional support dog. 

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  • Alex Forest
    Rental Property Investor · Henrico, VA · Member since 2019 · 265 posts · 155 votes
    4y
    Quote from @Brad Hunton:

    @Alex Forest

    I used to say no pets on any of my rentals, but most people are just dishonest by nature and would bring pets in anyway. I started just charging a pet deposit of $350+$50 for each additional pet. Every tenant has paid without question and it gives me extra money to repair unit once they move out.


     I went through an experience last fall whereby had to do quite a bit of renovation after the tenants and several cats moved out. It was the same condition when I bought it, with tenants staying for a long while before moving, so I knew what I was walking into. Nonetheless, I did not realize how bad cats could mess things up and how intensive a process it is to rid the unit of odor.  That changed my perspective on what (some) pets (and cats which I had thought of as benign) are capable of and the damage cost.

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  • Linda Robinson
    OP
    Member since 2020 · 10 posts · 2 votes
    4y

    @Patricia Steiner my lease states in summary that no dogs, cats or pets will be permitted in the property unless written consent given by the landlord , failure to obtain written permission will result in a $25 fine per day that the pet is present without written permission. 

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  • Corby GoadeBusiness Member
    Investor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes
    4y

    A couple things to consider;

    The deadbold and peephole are basic and inexpensive security items and if your tenant wants them to feel safe, get them done. It's not okay to use the fact that you feel duped as leverage to not make repairs or upgrades, those are separate issues. 

    If the dog is a documented ESA, ask for the paperwork and put in writing that it was a lease violation to not notify you proactively (you can't say it's a violation to have a "pet" because an ESA is not a pet). It's unlikely that you have any leg to stand on legally as far as her getting an ESA and not asking your permission, so I'd let that go. 

    Finally- as landlords, we need to remember that a lease isn't the tool that is there to simply protect us and we get to use it when we feel like it. It's a two way street and it's meant to protect the tenant as well. If we want tenants to follow everything in the lease, we need to do the same, not pick and choose what we think is fair or affordable or decide not to make repairs because we think they lied to us about a dog. It's highly likely that if you went to court, the ESA would be a non issue from a legal standpoint, but you could be in hot water for not providing a deadbolt for your tenant in order to provide them with a safe home, at least in their eyes. It'll cost you $15, just get it done. 

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  • Linda Robinson
    OP
    Member since 2020 · 10 posts · 2 votes
    4y

    I have agreed to get the deadbolt lock. ESA or not animals can damage your property. I just don’t like the dishonesty. 

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  • David Lee Hall, III
    Rental Property Investor · Pittsburgh, PA · Member since 2019 · 530 posts · 511 votes
    4y
    Quote from @Linda Robinson:

    @Patricia Steiner my lease states in summary that no dogs, cats or pets will be permitted in the property unless written consent given by the landlord , failure to obtain written permission will result in a $25 fine per day that the pet is present without written permission. 

    @Linda Robinson,

    The issue is that a support animal is not a pet. It is a medical device and treating it as a pet legally puts you in line for a lawsuit. 

    I spent about 20 minutes last night talking to our local HUD landlord liason about this topic as they just had a HUD education seminar on it last week. For Allegheny County, PA, here is the stance:

    - You can't deny a emotional support animal based on it being a pet. It is not a pet. It is a medically necessary "device". It would be equivalent to denying someone for having an asthma inhaler. They have actually seen lizards brought into homes under ESA. (?!?!) Treating the ESA as a pet will potentially result in a lawsuit.
    - You can require documentation (a prescription) from a licensed medical professional documenting the need for an ESA. DO NOT ASK THE REASON. 
    - You can require ESA certification be provided. 
    - GREY AREA: If the breed/size is an issue, you could make your insurance the bad guy and show documentation from your insurance provider that they do not allow the ESA, thus making them the bad guy. 
    - GREY AREA: Using https://www.petscreening.com/ to approve/deny animals. 
    - If you do not want pets, or you want to be sure to always get pet fees, even for an ESA (which you are not allowed to charge fees for), make sure the process is in your lease for identifying an ESA vs. pet and make it a pain in the back side to get an ESA approval. This way it is addressed up front, people that need it will take the steps, and people that are just trying to sneak one past you will give up most likely. 

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  • Linda Robinson
    OP
    Member since 2020 · 10 posts · 2 votes
    4y

    Thank you David for your response. This tenant IMO is a scammer. If you are legitimate wouldn’t you notify me upfront. She admitted having a dog after we saw her walking it. I asked for paperwork she said it was packed away. She said she has a Dr. appointment 7/5 to get the paperwork. 

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  • Patricia Steiner
    Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    4y

    @Linda Robinson

    My apologies...I thought from an earlier post that there was no reference to pets in the lease.  Because there is, I hope you'll issue a Notice To Quit for Reasons Other Than Non-Payment of Rent (lease violation) and deliver it by certified mail to the tenant giving her your state's minimum to remove the dog (cure the violation) or her lease will be terminated.  With the Housing Authority here, I am able to notify the caseworker by email as well - and the caseworker enforces the lease with the tenant.  You're entitled to the fine but what is more important is setting a strict boundary with the tenant that you (and the lease) are in charge of the property - not her.  I would want her gone.

    Again, my apology for the inference it wasn't in the lease.  I hate that you're having to deal with this...

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  • Linda Robinson
    OP
    Member since 2020 · 10 posts · 2 votes
    4y

    Thank you for your response Patricia. I do want her gone but as others have mentioned you can’t legally refuse an ESA animal. 

    0Reply
  • Emil Kostov
    Investor · Brooklyn, NY · Member since 2022 · 49 posts · 8 votes
    4y
    Quote from @Linda Robinson:

    "Now she is asking for a deadbolt lock and a peephole." I guess she's stay-at-home OnlyFans mom😉 Imagine next year's tenants asking you for a living room pole and daily Domino's delivered to the peepholed door...On a serious note, I am pretty sure that NJ laws aren't that different from the NY ones. I hope that the page below should at least help you a bit forming your decision on the matter, page 48 and 57 here,

    https://ag.ny.gov/sites/defaul...

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  • Linda Robinson
    OP
    Member since 2020 · 10 posts · 2 votes
    4y

    Thanks Emil.

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  • Manny VasquezBusiness Member
    Real Estate Agent · Orange County · Member since 2022 · 317 posts · 293 votes
    4y

    Emotional support dogs are not considered service dogs under the ADA. They may be trained for a specific owner, but they are not trained for specific tasks or duties to aid a person with a disability, and this is the main difference between ESAs and service dogs. 

    This doesn’t minimize the support these dogs provide for people with a psychological disorder. They’re considered companion animals and ease anxiety, depression, some phobias, and loneliness. In order to be considered an emotional support dog, it must be prescribed by a mental health professional for a patient with a diagnosed psychological or emotional disorder, such as anxiety disorder, major depression, or panic attacks  

    Unlike service dogs owners, ESA owners have only limited legal rights and those typically require a letter of diagnosis from the owner’s doctor or psychiatrist. While they don’t have unlimited access to public spaces, the Fair Housing Act mandates “reasonable accommodations” for emotional support animals even in buildings that don’t allow pets.


    If the dog is truly an ESA, I would request a medical letter from the doctor that told her it was ok to have an ESA.

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  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    Notice that this dog suddenly became an ESA only after you called her on it? I would figure out how to get rid of this tenant ASAP, she is a documented liar and will be a troublemaker for you. Why bother with her when there are so many good tenants out there?

    And you need to get serious about taking control of your business and not letting your tenants run it for you....

    Just my .02

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  • Linda Robinson
    OP
    Member since 2020 · 10 posts · 2 votes
    4y

    Thanks for the feedback, Bruce and Danny.

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