Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 1 year ago on . Most recent reply

User Stats

12
Posts
5
Votes
Mike Sullivan
  • Real Estate Investor
  • Melbourne, FL
5
Votes |
12
Posts

Multiple ESA vs. condo limit of 1

Mike Sullivan
  • Real Estate Investor
  • Melbourne, FL
Posted

What would you do in this ESA situation:

Background:

Melbourne, Florida tenant in a 1Br Condo. Condo rules have a 1 dog under 15lb limit. I have a no pet policy.

Tenant there 2 years - renewed 12/1 - always paid on time; clean; great communication and interactions.

Timeline:

* 4 months ago - tenant asked if they could get a dog. Since they've been good and kept the place clean, I said I'd consider it and to let me know when she found one that the rules approved and I'd adjust rent/deposit.

* 1.5 months ago - getting renewal paperwork signed and asked if she had any luck finding a dog - says she found 2 maltipoos and already has them in unit. I said the rules only allow one. Said she'd have to move if she wanted 2 - said she would move.

*1 month ago - signed a 3 month extension to give her time to move and that one dog has to live somewhere else until she moves if condo PM discovers 2nd dog

* Today - received an ESA letter from a pediatrician in Miami (letterhead, license valid, signed, expiration date), obviously from an internet site like esadoctors.com

Question: Has anyone had experience whether condo rules would take precedence over a tenant wanting multiple ESAs?

I'm more annoyed that they took advantage of me vs. worried about the 2 dogs since they are small, and the unit was renovated w/ allowing pets sometime in the future in mind. 

Most Popular Reply

User Stats

3,053
Posts
3,256
Votes
Kevin Sobilo
  • Rental Property Investor
  • Hanover Twp, PA
3,256
Votes |
3,053
Posts
Kevin Sobilo
  • Rental Property Investor
  • Hanover Twp, PA
Replied

@Mike Sullivan, I think @Greg M. and @Andrew B. skipped step #1.

Do you even have to accept an ESA? Not all properties are subject to fair housing laws and those that are not do not have to accept an ESA.

Here is a resource that discusses the federal law but many states have added further protections. So, find what your state does or doesn't do as well then consult a real estate lawyer before taking action.

https://www.nolo.com/legal-encyclopedia/does-the-federal-fai...

Loading replies...