Multiple ESA vs. condo limit of 1
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
@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...