Rented out our condo in Chicago, unbeknownst to us, they have a dog. Our lease specifically states ‘no pets allowed’ - have not asked if it is an ESA- just confused as to how this wouldn’t have been brought forth by the real estate agent they worked with or themselves while signing a lease that states no pets. My understanding, and maybe someone can educate me further, is that even an ESA needs to be presented up front with documentation of the animal serving such a purpose.
Family otherwise seems sweet. What have people done in this situation or advise that we do?
Investor · San Diego · Member since 2020 · 92 posts · 60 votes
2mo
I've dealt with the exact same thing in my Chicago properties—same lease language, tenant showed up with a dog we knew nothing about.
Here's what I've learned:
**First, on the ESA claim:** You're absolutely right that a legitimate ESA requires documentation presented *before* move-in. If they claim it's an ESA now, that's a red flag. Ask them to provide current ESA documentation from a licensed healthcare provider. Most won't have it, which tells you everything.
**On the lease violation:** Your lease is clear. You have legal standing to enforce it. Options:
1. **Direct conversation first** (sounds like they're reasonable): "We noticed the dog. Our lease says no pets. We need you to either remove the dog, add it to the lease with a pet deposit/fee, or we'll need to pursue eviction." See if they'll cooperate.
2. **Pet addendum + deposit** (if you're open to it): Some landlords add a pet clause with additional monthly rent or deposit. Protects you going forward.
3. **Cure or quit notice** (if they won't cooperate): Your next legal step. Document everything—photos, communications.
**Key point:** Don't let this slide. Early action sets the tone. The longer you allow it, the harder it gets to enforce later.
Are you open to having a pet in that unit if they pay extra, or is it a hard no across your portfolio?
Investor · San Diego · Member since 2020 · 92 posts · 60 votes
2mo
I've dealt with the exact same thing in my Chicago properties—same lease language, tenant showed up with a dog we knew nothing about.
Here's what I've learned:
**First, on the ESA claim:** You're absolutely right that a legitimate ESA requires documentation presented *before* move-in. If they claim it's an ESA now, that's a red flag. Ask them to provide current ESA documentation from a licensed healthcare provider. Most won't have it, which tells you everything.
**On the lease violation:** Your lease is clear. You have legal standing to enforce it. Options:
1. **Direct conversation first** (sounds like they're reasonable): "We noticed the dog. Our lease says no pets. We need you to either remove the dog, add it to the lease with a pet deposit/fee, or we'll need to pursue eviction." See if they'll cooperate.
2. **Pet addendum + deposit** (if you're open to it): Some landlords add a pet clause with additional monthly rent or deposit. Protects you going forward.
3. **Cure or quit notice** (if they won't cooperate): Your next legal step. Document everything—photos, communications.
**Key point:** Don't let this slide. Early action sets the tone. The longer you allow it, the harder it gets to enforce later.
Are you open to having a pet in that unit if they pay extra, or is it a hard no across your portfolio?
Benjamin gave great advice. What does the condo board say about pets (not service dogs, but pets)? ESA are basically pets with paperwork someone paid for. Service animals are highly trained and include things like dogs for people who are blind. Service animals are a whole other category of protected for good reason.
This document goes into further detail about what you can/cannot ask, etc. Page 12 tells you what information you need to obtain sufficient "proof" of legitimacy.
When you have a "No Pets" Policy, you also should have a written "Assistance Animal Policy" that you can provide at showings, with applications, or whenever someone raises the topic. This shows you know the laws, are prepared, and will discourage most of the gamers.
With a written policy, you are certainly able to establish various "reasonable" restrictions, even on an ESA OR Service Animal.
For example, you can require a recent (within previous 12 months) Veterinarian report on the animal, which informs on current health, vaccine status, spay/neuter status, and more. You can require that animals are spayed/neutered to prevent aggression or commercial use, unless the Vet has explicitly ruled it out for other health reasons. You can require the animal is in a carrier or leashed when outside of the unit in confined common areas such as elevators and stairwells, and other common areas if necessary (unless this prevents the animal from performing it's specified task). The handler must clean up after the animal immediately in all common areas, and, there can not be offensive odors emanating from their residence related to the animal. You can request the Vet report, as well as the written "Request for Accommodation" be updated annually. The Request for Accommodation should be provided by a local "reliable" source, such as Medical doctor, Psychiatrist, or other Healthcare Professional; or a Social Worker, unless the requester just moved to the area, in which case I would accept documentation from a Professional in the region they moved from. Internet documents are unacceptable under all cases.
You need to simply send a Notice of Violation per local laws, stating the No Pets provision of the Rental Agreement in full. Provide the locally required number of days for them to resolve the breach. Since they have said nothing about ESA, you have no reason to do anything else until/unless they respond. You do also need to know what the Condo "House Rules" state regarding pets OR ESA's as well, since YOU will be responsible to the Board if tenant is not in compliance with them.
If they DO respond and claim ESA, then you must review the above referenced document to learn what the TWO questions are that you can ask; and how to clearly request valid, supporting documentation for that request.
No doubt, someone on the forums will pipe up and say "HUD" did away with rules for ESA's. Not True. They have put a moratorium on "enforcement", but that is just the Federal level. State Fair Housing laws likely still apply.
Rental Property Investor · Chicago IL · Member since 2013 · 28 posts · 45 votes
2mo
@Peter Assaad are you wanting to go down the legal path. I think the other posters have provided you the mechanics for that, which is to serve notice of the violation.
But if you're simply upset but willing to allow them to keep the dog, then you have to start a negotiation path rather than a legal one. Of course, if it's not up to you and it's part of the condo bylaws, then you have that as your reasoning.
Anecdotally, we allow pets in all of our 22 properties, simply because tons of data (from when I used to work at Avail with millions of landlords) showed that tenants with pets generally stay longer, pay their rent on time at higher frequencies, and are more responsible (multiple measurements of responsibility existed).
Let us know what you decide to do and what happens next. We're happy to work through it with you as it goes. Good luck!
Do you ordinarily charge pet rent and a pet deposit/fee?
I do. I typically charge pet rent rather than the deposit. This aligns better because our average tenancy is well over 24 months. But we also add an extra visit to the property when they have pets to change the air filter one extra time.
Real Estate Agent · Memphis · Member since 2026 · 573 posts · 338 votes
2mo
I’d start by asking them directly about the dog and getting the full story before treating it as a lease violation. If they say it’s an assistance animal, I’d be careful about assuming they were required to disclose it before signing the lease. There are fair housing rules around how those situations are handled, including what you can ask for and when documentation may be appropriate, so I’d verify the Chicago requirements before taking any action. If it turns out to simply be an undisclosed pet, then you’re dealing with a different issue and can address it based on the lease and local rules. Either way, I’d keep the conversation professional and document everything from the beginning, especially since you said they’ve otherwise been good tenants.
Real Estate Broker · New York, NY · Member since 2020 · 2k+ posts · 1k+ votes
2mo
Hi Peter,
I’d first ask the tenant directly whether the dog is a pet or an assistance animal. If it’s an ESA, the “no pets” clause doesn’t automatically settle the issue.
In NYC, assistance animals can be a reasonable accommodation under fair housing law, and landlords can request reliable documentation when the disability-related need isn’t obvious. But the rules around what you can ask for and what documentation is appropriate are pretty specific. You also generally can’t charge a pet fee for a legitimate assistance animal. I’d look into the Chicago/Illinois-specific rules before taking any action.
Hope you’re able to get it sorted out smoothly. Best of luck
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