Tennant wants to install a fence

[Shawn Floyd]

I have a property with a lake view and No fence. A agent reached out wondering if I would be open to a fence 3" to 4" tall being installed for the tenant (her son and 2 roommates) at their expense. Said reason is for the sons emotional support dog a Miniature dachshund. The agent and husband own a fencing company and would be doing the install. They also agree that if I wanted it removed when the lease is over that they will do that as well at their expense. Removal reasoning is they are proposing a cedar fence and I would rather a Rod Iron one in the future. Obviously I would have all this in the contract before signing. Would like anyone's opinions on this is this a good Idea or could this cause me legal issues in the future?

[Kevin Sobilo]

@Shawn Floyd, I disagree with @Julie Hartman this is NOT a disability accommodation that you must approve. Yes an ESA is prescribed for a disabled person but a fenced yard is not required for an ESA. Its a want not a need.

I would look at this as an opportunity. I would have the fence YOU want installed and have the tenants contribute what they would for the fence they propose. If the wrought iron fence you want is $10k and they were proposing a $5k cedar fence, then you would be splitting the cost evenly between you. This way you get something you wanted long term.

If you do allow them to install the fence, I would make them escrow the monies to remove it if you want it removed. Counting on them living up to the agreement at the end is risky. So, I would get that money now and have it held for that purpose in escrow.