Problematic Tenant Asks For Dog Despite No Pet Policy

Problematic Tenant Asks For Dog Despite No Pet Policy

Investor · Germantown, MD · Member since 2011 · 52 posts · 17 votes

Hi BP community,

I would like to have your advice about one of my tenants.

I rented a property to a lady, her daughter and granddaughter in Nov. They signed a two year lease. 

Four months later, she claimed her relative killed herself and she now had custody of a dog. I refused to let her have it since I have a no pet policy and she threatened to break her lease. The house at this time looked like an episode out of Hoarders and it was a mess. One could not walk into the room because there was stuff blocking doorways, closets. Even though I wanted her to stay because she paid on time, I found her to be very demanding (she did all sorts of bizarre things like claim the neighbors were drug dealers, stalking their activities, hassling others in the community, continuous repairs - I have other properties and no one is as high maintenance as her) and I was upset at the state of my newly rehabbed place. I told her I would release her from her lease without penalty because I wanted her out.

She then said that she would not take the dog since she was not capable of looking after it. They stayed on for several months and during that time, she hurt her knee and could not walk up and down the stairs, and she told me she had to move out due to the stairs. She has had two knee surgeries in this time. She also told me that she had promised her granddaughter a puppy for her birthday in May. She asked me again if I would allow them to have a dog. I said no.

Then she complained and said the rent was too high, could I lower it. Her daughter's ex husband had decreased his alimony to her. I said no.

The two year lease comes to an end in Nov this year and she asked to move out this summer. I said fine, since the timing worked out better for me anyway. However, she told me that she would like to stay only if I allowed her to have a "service dog". This was where I pulled up short. She used the word "service dog". She claims that the dog will help her get out of the house to walk, and that she was sexually abused in the military. She does not work, she gets some sort of stipend from the VA for work related injuries on her arm. She told me the dog will help her get over her sexual abuse.

I have just told her again tonight NO and sent her a list of other places to rent in the area, but after reading all the posts on pet policy on BP, I am aware that I might be in violation of Fair Housing. However, I just feel that she is using the term "service dog" plus all these excuses to substantiate her reasons for getting a dog. She does not want to move because she has so much stuff and also she is beginning to see that the rents in my area are a lot higher. But I can see how her wheels are turning in her head to legally get a dog in. How do I protect myself here? I have had enough of her, I really want her out.

Sorry to be so long winded but I am new at managing properties, I have always used property managers in Australia as the norm is to deal with your tenants at arms length. Thank you for your input!

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Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
11y

It's my understanding that as soon as she says "service dog," you need to be very careful.  You cannot ask what her disability is if it is not evident, only that she provide a letter from her health professional stating she has a disability that requires a service dog.  There are no certifications or permits required in many states for the dog, so find out if your state has them or not, as requiring certification for the dog if your state doesn't can get you in hot water.  Also, you are not allowed to charge extra rent or extra security deposit for a security dog as it is not considered a pet.  If you have not already issued letters about the hoarding conditions if they have become a violation like a fire hazard, etc., then it may be too late now as it may seem you put up with it for a long while until she wanted a service dog, and I think raising the rate too high on rent may now appear discriminatory as well unless current market has risen that much.   I'd find out exactly what you can request from her, and if she provides it, you're likely stuck allowing it unless you can prove it is harmful, like you'd lose your insurance or something similar.  I think hoarding is now considered an illness as well, so another thing to tread carefully with.   

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  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    11y

    @Grace Ng, there is some good advice here, and some misguided information.

    Check out this post about Emotional Support Animals, which is what it sounds like this woman is trying to get approval for.

    You are allowed to ask for a letter from the doctor who prescribed the ESA stating the animal was prescribed. You are not allowed to ask for proof of the disability, or medical records. 

    You are also not allowed to ask for a pet deposit, as an assistive animal is not a pet. Breed/weight/size limitations do not apply, except in the case of "aggressive breeds" that your insurance does not allow, AND a different insurance policy that DOES allow the breed causes you undue financial hardship.

    And you may not request proof of need for an obvious disability.

    I would stay away from this pet issue, and tell her you are not renewing her lease because of the state of the property. If she keeps it such a mess, it is a fire hazard. I would serve her a Notice to Comply, which states she needs to clean it up, and be as specific as you can possibly be. (I have it in my head that you have to give her 30 days to comply, but I cannot find anything to back that up.)

    If she does not comply, I would give her a notice to vacate.

    Brandon Turner just wrote an epic post called How to Evict a Tenant and it is worth a bookmark at least, and a good read-through if you are serious about getting rid of this tenant.

    Hoarders pay their rent on time so you have no reason to evict them. This tenant is a mess, you said it in your title. I'm curious about your screening process. Perhaps she looks great on paper, but you may want to increase your screening process. 

    There is a ton of great information about screening tenants on BiggerPockets.

  • Property Manager · Idaho Falls, ID · Member since 2015 · 147 posts · 83 votes
    11y

    You are dealing with two different things:

    1) The tenants request for a service animal.

    2) The tenants lease is ending.

    Whatever you do, don't combine these issues. If you want the tenant out, then you can choose to end the tenancy at the end of the lease.

    If you choose to let the tenant stay, then you will have to accept the "service animal". All you can do is require documentation from the tenant.

    Your choice...

    But from the sound of it - I'd recommend terminating the tenancy when the lease ends and finding a new tenant.

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    11y

    I found this publication to be really helpful regarding service dogs vs emotional support dogs, etc. It's for California, but it covers the basic laws from HUD and the ADA:

    http://www.disabilityrightsca.org/pubs/548301.pdf

    It includes this:

    "...If you are seeking a reasonable accommodation for your service or emotional support animal for housing, a landlord or homeowner’s association may ask for documentation that you have a disability and that you have a disability-related need for the animal. 

    However, the landlord should not request documentation if your disability and your disability-related need for the service or support animal is obvious or the landlord otherwise should have known about the disability and need..."

    It goes on to say you can't require details about their disability or their medical records.  But, you can definitely require a health care professional put in writing that the tenant has a disability.

    So, you can require a form to be filled out by her doctor or health care provider, or to get a letter from them on their letterhead.  Some landlords actually give the tenant a form that must be filled out by the doctor, rather than just accept a letter the tenant provides.

    She'll probably be able to get a doctor or shrink to say she'll benefit from having one, but as someone else mentioned, if there is some question about your "allowing" a dog, you can show that you never changed your pet policy.  Being required to provide a reasonable accommodation is not the same thing.

  • Investor · Neptune Beach, FL · Member since 2015 · 143 posts · 172 votes
    11y
    Originally posted by @Account Closed:

    I found this publication to be really helpful regarding service dogs vs emotional support dogs, etc. It's for California, but it covers the basic laws from HUD and the ADA:

    http://www.disabilityrightsca.org/pubs/548301.pdf

    It includes this:

    "...If you are seeking a reasonable accommodation for your service or emotional support animal for housing, a landlord or homeowner’s association may ask for documentation that you have a disability and that you have a disability-related need for the animal. 

    However, the landlord should not request documentation if your disability and your disability-related need for the service or support animal is obvious or the landlord otherwise should have known about the disability and need..."

    It goes on to say you can't require details about their disability or their medical records.  But, you can definitely require a health care professional put in writing that the tenant has a disability.

    So, you can require a form to be filled out by her doctor or health care provider, or to get a letter from them on their letterhead.  Some landlords actually give the tenant a form that must be filled out by the doctor, rather than just accept a letter the tenant provides.

    She'll probably be able to get a doctor or shrink to say she'll benefit from having one, but as someone else mentioned, if there is some question about your "allowing" a dog, you can show that you never changed your pet policy.  Being required to provide a reasonable accommodation is not the same thing.

     Nice to read a post where the source is quoted. Thanks for looking that up a giving a well-thought response.   :-)   I thought it was funny someone saying you can not request a script from the doctor. If it works for the IRS, it works for me. 

  • Investor · Germantown, MD · Member since 2011 · 52 posts · 17 votes
    11y

    @Tyson Luthy

     Yes you are right, technically the lease ends in about 6 months' time. I have told her to look for a new place to rent but I want to get ahead of her and prepare myself for any sort of tricks she might pull to stay.

    @Mindy Jensen

     I read your blog post link you sent, and I have started documenting our conversations. That was very helpful indeed! Thank you.

    @James R.

    My tenant sounds a little like your previous tenant!  I have a soft spot for the elderly and yes, perhaps I did let her push me around too much. It is actually one of my nicest properties, a townhouse which is worth $300K very close to the train station. I can't really see the condition of the floors or walls because she had them repainted and plastered with decals and posters. There are too many things on the floor for me to see the floor. I was going to assess everything when she moved out. Why didn't I say anything?  To be honest, I don't even know how to say to her that she is a hoarder. She is very oblivious to her living conditions. Who did you send to inspect your property with your previous tenant? What sort of language did you use to communicate with them about their habits?  Thanks!

    @Account Closed

     I like the formal letter from the doctor idea especially if we are taking the focus away from proving what the disability is but more on how having the pet would benefit the tenant.

    Thanks so much everyone!

  • Investor · Hayesville, NC · Member since 2015 · 26 posts · 9 votes
    11y

    @Grace Ng

    You need to get this tenant out ASAP.  One thing I have learned from land lording is just because they pay on time does not make them an acceptable tenant. Many people get gov't support which enables them to pay on time.  Until they decide they don't want to anymore. Then they habitually leave (with the home in much needed repair) and move on to the next gullible landlord they can convince to agree on a new lease agreement.  I agree 100% with @Joel Owens on this one! EVICT!  It will save you future headaches with this tenant.  As well as help save a future landlord a bunch of grief too.  The last tenant I had like this costed me 12k in repairs.

  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    11y

    These situations is why I got out of residential tenants. I became tired of the BS and too much drama.

    I like commercial tenants because I can see their liquidity and net worth statements and there is less red tape with obscure laws slanted toward the residential tenants rights.

    I am in awe of how some of you deal with the residential tenants all the time. It just wasn't my cup of tea.

    I think a take away with residential tenants is you HAVE to do the inspections on a frequent basis. The tenant needs to know you are actively looking over the property whether it is you or your PM. If a tenant is living like a slob you catch it with inspections. You give them a notice to comply and if they do not right away you get rid of them for non-compliance. Especially you need to if you own a nice unit. Low end units if you have the right materials can stand up to more abuse from tenants "living hard" in them.  

  • Clay SmithBusiness Member
    Investor · Louisville, KY · Member since 2013 · 419 posts · 244 votes
    11y

    When I read your post, the part about a "hoarder" stood out; although this has nothing to do with the dog.

    As part of our property management strategy we do a 3 month inspection. Why three months? I surmise that 80% of the time renters never change the air filter and we find this is the point at which they start complaining of heat and ac issues; or high energy costs.Sometimes they remove the filter because they are too lazy to buy a new one; this can cause build up on the evaporator coil and eventually cause it to fail.This is not the primary reason for my visit, just the reason we chose a 3 months as a timeframe.

    During this visit I assess property condition, write down all repairs and send my guy out to fix them.I DO NOT offer the tenant the option to do the repairs themselves.Instead, I bill them and any money received goes to the repairs fist, rent second.I find this is a good way to set expectations with our new tenants and make sure they know we are serious about our properties.

    3 months before the lease ends we walk the property again.We assess the repairs needed and either they make the repairs or we do them.We again bill them the same way.This way, when the lease comes to an end they still care about their security deposit.They have not mentally written it off and left my asset trashed.

    I recommend you get in there and get the repairs started today instead of waiting for her to vacate.Now is the peak rental season and finding a tenant in the middle of winter will be problematic.Also, I generally sign 2yr leases, but if the lease ends in the winter months I shorten them to end during July.Offer cash for keys if need be, or offer to assist her in the move.Whatever it takes to reclaim this property I suggest you do it now before winter hits.It will be much less of a hassle.

    *I credit @Jeffrey Taylor (aka Mr.Landlord) for this strategy.

    LREI Property Management LLC4.6449 Reviews
  • Urbana, IL · Member since 2012 · 1k+ posts · 425 votes
    11y

    I'm a bit confused. This sounds like a tenant that should be let  go but also sounds like you almost want to keep her in there because you're too nice. 

    Simply do not renew her lease when it expires. Tell her you're planning to rehab the unit once she leaves. 

  • Real Estate Investor · salem, OR · Member since 2013 · 105 posts · 32 votes
    11y
    You absolutely have to accommodate a service dog no exceptions, no "no pet policy". You can be fined big money for a violation
  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    11y

    In your screening process, you neglected to perform an "in home" visit where you would have seen the (deplorable) conditions the applicant chooses to live in. Add that to your process ...

  • Long Beach, CA · Member since 2013 · 3 posts · 0 votes
    11y

    You have a right to have the "hoarding" issue resolved as this may be a fire hazard. In most areas you do not have any obligation to renew the tenants' lease. Give a 60 day notice to move as early as possible. (my opinions are based on California landlord/tenancy laws, not sure of Maryland.... I would imagine from stories that they lean more toward the landlord).

    Get everything in writing! I'm sure their is a mutually equitable resolution here. A good tenant is worth their weight in gold, a problem tenant is worth their weight in ulcers.

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    11y
    Originally posted by @Grace Ng:

    @Joel Owens if you think it was hard to read all through that drama, imagine what it was like for me to type it out!  

    @Steve Babiak thanks, I had to switch browsers to get this tagging thing to work. Thanks for the tip about hoarding. First of all I need to make sure that what she is doing is indeed classified as "hoarding" but I will definitely do a bit more research here on the forums.

    @Jennifer T. Interesting that only trained animals qualify as service dogs. But you are right, I doubt that restaurant owners and stores are going to bring it into question. I just don't like it when people abuse the system like this, this is something I am finding out that there are a lot of laws and regulations here but if you know how to twist it to suit you, it can hurt others not benefitting from it. Do you know what I mean? Sorry English isn't my strongest, I hope I am communicating clearly.

    Thank you all for your awesome input everyone. I can't really evict her because she pays the rent on time but if she wants to leave I am not going to make her stay.  Thanks for allowing me to vent a little here and for taking time to read through my post. I appreciate it very much!

    Study up on the difference between service animals and emotional support animals.  ESAs do not have to be trained to do anything.  They can be a turtle or a turkey. Emotional support animals have be (reasonably) accommodated when the emotional issue is considered a mental or emotional disability.  Doctor's notes are supposed to support a condition that is such a disability. Unfortunately, doctor's notes are not hard to get these days.  Any physician can write a note that recommends that stress and anxiety be treated by living with and/or caring for a pet.

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    11y
    Originally posted by @Jon Magnusson:

    Messy situation... You said the lease is about to end.  Assuming she doesn't move, I would take either this opportunity (the dog) or the lease ending to raise the rent considerably ($100-150 / month).  Also, if you allow a dog there should be a considerable deposit; somewhere between $500 -$1000.  Bank the extra $ since you're going to need it for the repairs when this tenant moves out.  Hopefully these $ amounts will convince her that staying is not in her best interest and she leaves.  Good luck.     

    I suggest getting informed on this issue, especially if you are a So Cal landlord. If you haven't encountered it yet, you will. You cannot request a pet deposit from someone claiming the need for a service or support animal. HUD rulings prohibit charging more rent and/or larger security deposits for service and support animals. Be mindful that there are several advocacy and legal aid groups only too happy to assist any tenant applicant who is told by a landlord that service animals require a different rent or deposit, or that the landlord will not make a reasonable accommodation.

  • Residential Real Estate Agent · San antonio, TX · Member since 2013 · 130 posts · 44 votes
    11y

    Cash for keys and her voluntary quitting of the premises? 

  • Investor · Germantown, MD · Member since 2011 · 52 posts · 17 votes
    11y

    @Chuck W.

     I did not check out where she lived because she said she had been living with friends for a few months. Prior to that she had moved out of a rental already and I called them and they did not report of issues.

  • Investor · Germantown, MD · Member since 2011 · 52 posts · 17 votes
    11y
    Originally posted by @P. Martin:

    Cash for keys and her voluntary quitting of the premises? 

     I'd like her to move out without me having to fork out anything, I think she caused me enough "cash out" already because I have to fix up the place. I will give her 60 days notice and then if she gets difficult, I will have to forcibly evict her. Just thinking about all the things I have to move out onto the lawn...oh help.

  • Residential Real Estate Agent · San antonio, TX · Member since 2013 · 130 posts · 44 votes
    11y

    Sometimes being right is more expensive. A court battle, no rent and potential vandalism seem more expensive than a bribe to me. Not my property though.

    Would also obviate needing to move anything onto the yard.

  • Investor · Germantown, MD · Member since 2011 · 52 posts · 17 votes
    11y
    Originally posted by @Account Closed:

    Hi Kristen, I am based in Maryland, or Greater Washington DC area as some would like to call it. 

    I went to look up MD laws on service animals and here, a service dog is directly related to a person's disability. They have to be trained like a seeing dog, or dogs that help notify if someone goes into a seizure. However, emotional dogs do not fall under the category of Service animals.

    So I have my answer, thank you very much, this has been a very good learning curve for me, even though I would have preferred not to have the experience at all! :D

    Next...I am going to read up about the topic of hoarding and how to deal with it!!!!

  • Rental Property Investor · Durham, NC · Member since 2014 · 1k+ posts · 1k+ votes
    11y

    Good luck, @Grace Ng.  Keep us updated on what happens.  I'm very interested and hope everything works out great for you.

  • Investor · Germantown, MD · Member since 2011 · 52 posts · 17 votes
    11y
    Originally posted by @Randy E.:

    Good luck, @Grace Ng.  Keep us updated on what happens.  I'm very interested and hope everything works out great for you.

     Thanks Randy. To complicate matters, I leave for Singapore next week until August 1. 60 days from that date would mean I have to serve notice to her June 1. 

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    11y

    @Grace Ng We had two hoarders in our building.  What we did after an inspection, is give them a list of things they had to do.  "Remove stacks of newspapers in the living room, remove items that block access to windows..." that type of thing.  We said it was because of fire hazards.

    You might want to see if your local fire station offers a free inspection for fire safety issues.  If so, have their fireman come and do an assessment of fire safety for her apartment.  Then, you can give her notice in writing that she must comply by such and such date.  

    The upside to using the fire dept to do this, is that it wouldn't then look like you were doing any kind of retaliation for her wanting a service animal, just in case.  You can blame it on the fire department.

    At any rate, if there are things blocking windows, or stacks of flammable material, you can just give her a list of things she must do.  Then, if she doesn't, you have grounds to do a comply or quit.  Or at least, that's my thinking.

    Honestly, the two hoarders we had, we for the most part looked the other way.  Their hoarding wasn't anything like food, and they weren't dirty - as in the floors and dishes were cleaned, etc.  They just piled up weird things like huge stacks of newspapers, empty (rinsed) milk jugs, books - stuff like that.  They were otherwise wonderful tenants, though, so we weren't too hard on them, but bugged them to get rid of some stuff every year or so.

    Something to keep in mind, is that cardboard is a favorite breeding stuff for cockroaches.  So, if she has a bunch of cardboard around, you really want to tell her she needs to get rid of it with a deadline.  So, you can always give her a list of stuff that must be gotten rid of that attracts pests or creates a fire hazard, etc.  You have every right to do that, and it may be what can get her out with a comply or quit.

  • Investor · Germantown, MD · Member since 2011 · 52 posts · 17 votes
    11y

    @Account Closed What a great idea to contact the fire department. I don't have a lot of time since I want her out by August 1 and if I want to give her 60 days' notice, I will have to hand it to her by June 1. I will call them on Monday. Thanks!

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    11y
    Originally posted by @Grace Ng:

    @Account Closed What a great idea to contact the fire department. I don't have a lot of time since I want her out by August 1 and if I want to give her 60 days' notice, I will have to hand it to her by June 1. I will call them on Monday. Thanks!

     Our fire dept came by quarterly or so, to do an analysis on the building and to show any new crew members the lay of the land with our building in case of fire.  They never went inside any apartments, but I'm pretty sure they offered that as a service.  I suppose it would depend on their funding.  Shoot, if there's  a fee, even, it might be worth it. 

    Good luck!  Let us know what happens :-)

  • Investor · Mattoon, IL · Member since 2013 · 32 posts · 2 votes
    11y

    Grace, please research and read your State laws and Federal laws governing this issue. Each state is different.  Lease laws are different.  Additionally, case law decisions for or against a law within your state are published, yet difficult to find or interpret.  Consultation with an attorney that has experience is always best and worth the money.  Good Luck, -J. 

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