Tenant Claiming Service Animals after signing pet lease
New to Real Estate · SC · Member since 2022 · 3 posts · 0 votes
Tenant Claiming Service Animals after signing pet lease
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Michele FischerPro Member
Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votesI suggest something along the lines of "we support ESAs. Please complete the attached paperwork to start the process of getting your animals approved.". If they actually complete it you should probably treat the pets as ESAs. But in our experience we don't get them returned. Moving forward, you might want to provide a one pages listing out the cost of move in and the first month so the conversation can start at lease signing and you have more options to clarify and make sure the lease works for everyone.
FORM TO REQUEST AN ASSISTANCE ANIMAL
We are committed to granting reasonable accommodations when necessary to afford persons with disabilities the equal opportunity to use and enjoy our rental properties.
Under the Fair Housing Act, a person with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities. Reasonable accommodation may include waiving or varying pet polices and fees to allow an Assistance Animal. An Assistance Animal is an animal that does work or performs tasks for the benefit of a person with a disability, or provides emotional support or other assistance that alleviates one or more symptom or effects of a person’s disability.
Please complete this form completely and return it to us. All information will be kept confidential, except as otherwise required by law.
Today’s Date: _______________________
Name of person with disability requesting accommodation: _____________________________
What is the species of animal? __________________________
Provide the name and physical description (size, color, weight, license) of the animal:
_______________________________________________________________________________
Does the animal perform work or do tasks because of the disability? _____________
If Yes, please provide a statement from a health or social service professional indicating that you have a disability and explaining how the animal is able to do work or perform tasks that alleviate one or more symptoms or effects of your disability.
If No, please provide a statement from a health or social service professional indicating that you have a disability and how the animal alleviates the symptoms or effects.
Please attach statement with any additional information and contract information for the professional completing the statement.
_______________________________________ _______________________
Signature of Person Making Request Date
_______________________________________ _______________________
Signature of Person with Disability Date
15 Replies
- 3yMichele FischerPro MemberRental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
I suggest something along the lines of "we support ESAs. Please complete the attached paperwork to start the process of getting your animals approved.". If they actually complete it you should probably treat the pets as ESAs. But in our experience we don't get them returned. Moving forward, you might want to provide a one pages listing out the cost of move in and the first month so the conversation can start at lease signing and you have more options to clarify and make sure the lease works for everyone.
FORM TO REQUEST AN ASSISTANCE ANIMAL
We are committed to granting reasonable accommodations when necessary to afford persons with disabilities the equal opportunity to use and enjoy our rental properties.
Under the Fair Housing Act, a person with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities. Reasonable accommodation may include waiving or varying pet polices and fees to allow an Assistance Animal. An Assistance Animal is an animal that does work or performs tasks for the benefit of a person with a disability, or provides emotional support or other assistance that alleviates one or more symptom or effects of a person’s disability.
Please complete this form completely and return it to us. All information will be kept confidential, except as otherwise required by law.
Today’s Date: _______________________
Name of person with disability requesting accommodation: _____________________________
What is the species of animal? __________________________
Provide the name and physical description (size, color, weight, license) of the animal:
_______________________________________________________________________________
Does the animal perform work or do tasks because of the disability? _____________
If Yes, please provide a statement from a health or social service professional indicating that you have a disability and explaining how the animal is able to do work or perform tasks that alleviate one or more symptoms or effects of your disability.
If No, please provide a statement from a health or social service professional indicating that you have a disability and how the animal alleviates the symptoms or effects.
Please attach statement with any additional information and contract information for the professional completing the statement.
_______________________________________ _______________________
Signature of Person Making Request Date
_______________________________________ _______________________
Signature of Person with Disability Date
- Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes3y
So you charged her a one time pet fee?
If she didn't inform you they were Service Animals or ESAs and did not go through the proper verification process prior to signing the lease, that is her problem.
I'd say "Thanks for letting me know. If at next renewal you only have Service Animals or ESAs, please let me know and I'll be happy to remove the fee at that time after they have been properly vetted. However, for this lease you signed a contract for allowing pets and the fee paid is earned. Sorry, I cannot refund it."
- New to Real Estate · SC · Member since 2022 · 3 posts · 0 votes3y
@Michele Fischer I did provide her a list of all move in costs, which she agreed to, and they were all on the lease she signed. She paid the fee upon lease signing and now (almost a month later) is raising a complaint about the fee.
- New to Real Estate · SC · Member since 2022 · 3 posts · 0 votes3y
@Greg M. Correct, I charged her a one time fee of $250, paid at lease signing at the beginning of June.
- Member since 2022 · 1k+ posts · 1k+ votes3y
I wouldn't even respond. If you have to say anything, you could verbally infer, not in writing...."we appreciate you want to change your pet status, however the paperwork is done and signed we're keeping to the lease as written. Want a new altered lease? Based on zillow comps and other data we have gained, the rent should be higher.
- Member since 2023 · 122 posts · 68 votes3y
It's amazing how these complaints tend to come up after they sign the lease and pay deposits. Usually a sign of things to come. I would ask her to put her complaint in writing then I would respond to it in writing a few days later with a denial to refund deposits because we acted on the information we were given at the time of signing.
- Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes3y
I'm going with @Henry T. maybe word it shorter and softer.
"You signed a contract. Then please send me the ESA letter. We will prepare a new lease with the new market rents for you to sign."
Then see if they send it.
- Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes3y
It is my understanding that:
A reasonable accommodation must be requested before you are required to consider allowing an ESA and there are a few but not very many reasons that you can disallow an ESA. You do have to consider allowing a support animal even if the tenant does not disclose the animal up front, but that was not the case here. The tenant signed your form saying she had a pet. My pet fees are non-refundable. Usually fees are non-refundable and deposits are refundable. If you had a fee not a deposit, I'd tell here to pound sand.
If however, hypothetically, the tenant had never mentioned that she had a pet and then later claimed the animal was an ESA and she was just afraid you'd illegally deny her so she didn't mention the animal up front, you'd still have to consider it. In that case, I would not charge her the fee if her VALID health professional letter was dated before the animal was moved into the apartment, otherwise i tell her the animal was a pet until she got the letter and charge her any pet fees that would have applied up until that point.
BTW, it's not your job to make sure that a tenant knows what constitutes a 'valid' letter. Most people decide to pay my $250 one-time fee rather than jump though the hoops to get an ESA letter especially if they don't really know what makes a letter valid. Also, I seriously doubt that your tenant has a trained service animal-- service animals have been trained to perform a specific task while emotional support animals are not trained for a specific task.
- 3yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
Ask for paper work to support her claim and not from an online source. I'm betting they are not service animals, but she will claim they are emotional support animals (ie pets with papers). Service animals are highly trained and very well behaved.
- Troy, MI · Member since 2019 · 61 posts · 20 votes3y
@Lilith Wolfersberger whenever a service or support animal is mentioned, our reply is "we follow all federal, state, and local laws and regulations at the advice of our attorney. In order to make sure we are providing proper accommodations, we will need to verify with your health care provider what services/support your animal provides. We will then consult with our attorney to make sure we are providing proper accommodations."
As you can imagine, the problem dissapears.
- Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes3y
I would offer to let her move on. No matter what you come to here this tenant has shown herself to be a PITA and will remain so likely as long as she is your tenant.
Skyline Properties - Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes3y
Quote from @Lilith Wolfersberger:
Hello,
My tenant signed the lease at the beginning of June, to move in mid-June. This lease included a pet addendum for her 2 small dogs. Now that the first full month's rent is due (after she has already had the keys for 3 weeks), she is claiming they are service animals and saying I should not have charged her the pet fee that was on the lease that she signed. I was not informed of this at all before now. What should my next steps be from here? Do I have to give her the money back? Does she have ground here? Please advise.
Aloha,You can only ask two questions. Does the person have a disability?, as per HUD definition; Does the animal provide a service, perform a task, or alleviate a symptom related to the disability?
You can require a letter from a "reliable" source. If
the person is not new to the area/region, I would not find a letter
from someone across the country to be "reliable". If they are new to
town, then the source should be from their prior area and no older than a
year. I do want to see a business address and contact info, because you
are also able to confirm the provider has personal knowledge of the
person. You CANNOT ask any other details from the provider, other than
what the letter should include...confirming the fact the person does
have a qualifying disability per HUD, and the specific animal they are
requesting accommodation for performs a service or task, or alleviates a
symptom of the disability for the person.
Keep in mind also, the person providing this info can be a medical professional OR a social worker, so not necessarily licensed.
I also provide an Assistance Animal Policy that applies to all Non-Pets.
You can require a Veterinarians health report on the animal AND require
it be annually updated; we require all are spayed or neutered to
minimize aggressive behavior and prevent the issues arising from
multiple offspring; the animal must be carried by the handler or in a
carrier when in confined spaces such as elevators, stairwells laundry
rooms etc. unless doing so prevents the animal from performing tasks it
was trained for; handler must clean up after the animal in all common
areas and prevent offensive odors from emanating from their unit;
handler remains responsible for actual damages caused by the animal
including cleanup and damage of yard areas; nuisance animals that bark
or create other disturbances NOT related to their specific tasks are
grounds for removal of the animal and/or the tenant with appropriate
notice.
Some states do have more or less restrictions within
their Fair Housing laws, so you do need to check on that, but our
policies have been reviewed and approved by our RE attorneys. - 3yJohn MorganPro MemberRental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
This tenant will be a thorn in your side no matter what you do. I’d try and get her out of there asap. We’ve all had one or two these types. Lol. Good luck.
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes3y
Quote from @Lilith Wolfersberger:
1. The law says she can claim an assistance animal at any point, even after she snuck them in. So you can't deny her claim just because she's lived there for three weeks.
2. The law says she can only have one assistance animal per disability.
3. I would tell her that they will be considered pets until she shows evidence of a disability, that the animals are legally prescribed, and than requests a "reasonable accommodation".
Read this until you understand it: https://www.hud.gov/sites/dfil...
The DIY Landlord Book4.7248 Reviews - Member since 2022 · 1k+ posts · 1k+ votes3y
Quote from @Caroline Gerardo:
I'm going with @Henry T. maybe word it shorter and softer.
"You signed a contract. Then please send me the ESA letter. We will prepare a new lease with the new market rents for you to sign."
Then see if they send it.
Yes. just saw this. very good. I usually have my wife look at my responses, she's good at taking the "toxins" out. LOL
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