Tenants and Animals

Tenants and Animals

JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes

We are all familiar with issues related to service animals (specially trained and certified dogs) and assistance animals (such as emotional support animals of any species or breeds).

This post suggests a compromise response to those issues.

Landlords who prohibit animals do so because they

  • fear the damage that might be caused by those animals, 
  • know it is highly unlikely they will be able to fully recover compensation from the tenant if there is damage, and
  • fear litigation if the animals harm someone. 

Other landlords allow pets, but have strongly worded pet clauses or pet addenda to provide protections. If a tenant has an emotional support animal or service animal, none of the "pet" language applies, though.

You should create an Animal Addendum, or Animal Clause, that applies to all animals, whether they are pets or not.  You can't make it more expensive for the disabled person, such as charging a higher rent, additional deposit, or animal-related non-refundable fee. You can require ALL tenants to exercise responsible animal ownership, protect the property, minimize chance of harm to other people, and maintain acceptable noise levels that do not interfere with neighbors' enjoyment of their own property.

A well-written animal clause will require the tenant to:

  • Provide proof of current shots, if applicable
  • Provide proof of flea control medication, if applicable
  • Disclose the name and contact information of the veterinarian caring for the animal, if applicable (hamsters, for example, probably do not have veterinarians)
  • Keep dogs in a crate or on a leash at all times when outside the dwelling
  • Use a pooper-scooper, whether on the leased premises or another's property
  • Vary locations of dog urination, so as not to burn shrubs or lawn
  • Empty cat litter boxes daily into outside receptacles
  • Control  excessive barking that disturbs the neighbors
  • Allow monthly inspections for pet damage
  • Immediately clean any pet discharges and immediately report any damage
  • Assist with Twice monthly HVAC filter changes for long-haired animals
  • Keep pet food supplies in pest-proof containers

I think that if you approach the problem in this manner, you will be more comfortable complying with Fair Housing laws.

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Mike CumbieBusiness Member
REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
10y

Hi @Denise Evans,

Thank you for the advice. I guess my personal recommendation (not a lawyer/legal scholar/judge or offering any sort of advice to anyone who is residing on the planet Earth) is to perform your inspections on schedule and address issues at that time. For instance if there is a broken/scratched/chewed molding, setup a time to have it repaired, replaced or fixed. Charge the line item as per your lease. Kitchen molding repair/repaint and replace - $23.00.

It does not matter if it was scratched by a service animal, a pet, a comfort animal, a nurse or uncle Louie. It is a problem that needs to be fixed and now. Inspect all of your units according to a schedule and repair as required. don't wait until the end of the lease for a final walk through. 

If the unit is in good condition during an inspection life is great. If the door is scratched up, it needs to be fixed. The tenant will either train their animal/pet/guests/nursing staff to not damage the property or will move to another property. If the unit is clean and they have 4 service animals, 6 comfort animals and a partridge in a pear tree then so be it.

Just my 2 cents.

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  • Investor · West Suffield, CT · Member since 2013 · 106 posts · 42 votes
    11y

    Nice post, @Denise Evans.  The possibility of having to allow animals in my property in case a tenant has one as a service animal or for emotional support is a topic that has stressed me out on occasion.  If I have to allow them it would be smart for me to adjust my lease to include your bullets.

    Thanks for the idea.

  • Cleveland, OH · Member since 2016 · 1 post · 0 votes
    10y

    Thank you for the tips on what to include in the lease about renting to tenants with pets. We were naive with our very first rental property, the tenant had a couple dogs and cats & now our house stinks of cat urine. A new tenant is complaining about the smell. We are going to have to replace flooring and have to pay again for a top to bottom thorough clean. After this experience we are very reluctant to rent to anyone with pets, however it seems almost everyone has a dog or cat. I wonder though, how to know if the tenant complies with the agreement and if they don't how to prove it so you could keep deposit and possibly charge for damages??

  • Member since 2016 · 13k+ posts · 12k+ votes
    10y

    I do not allow animals. When someone with a service dog applies I continue taking applications till I have a more qualified applicant. I then reject the applicant with the dog without discriminating.

    Human rights, fair housing do not have a case and I continue to freely manage my property as best fits my needs.

  • JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    Greg, You probably have different laws in Canada. This is a United States legal issue.  If someone in the United States did what you do, they would be subject to a Fair Housing complaint, unless they fit within the size limitation exemption.

  • JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    @Amanda S., it is a matter of routine inspections to discover if they are complying. If you do not have property management software that includes a module for inspections, i recommend SnapInspect.com   They have a cloud based and phone app system that is incredible, very reasonably priced, and easy to use. They also have a free trial period.  

    For animal urine smells, I recommend one of the enzyme based sprays, such as Rug Doctor Platinum Urine Eliminator. The enzyme products work chemically to change the urine into something that is harmless and does not smell bad.  It is not "snake oil."

    Good luck!

  • Member since 2016 · 13k+ posts · 12k+ votes
    10y
    Originally posted by @Denise Evans:

    Greg, You probably have different laws in Canada. This is a United States legal issue.  If someone in the United States did what you do, they would be subject to a Fair Housing complaint, unless they fit within the size limitation exemption.

    Neither the codes in the US or Canada state that mentally unbalanced applicants have a right to  preferential treatment. No code states that a landlord must give preferential treatment to any protected class.

    Our human rights laws up here are very similar and the fact is that discrimination is impossible to prove if a landlord is diligent in maintaining their screening standards.  No complaint will result where the selection process does not discriminate. If a rejected applicant did file a complaint it could never be successfully proven. 

    Fair housing does not dictate that landlords do not have the right to choose based on qualifications. 

  • Real Estate Agent/Property Management · Houston, TX · Member since 2014 · 1k+ posts · 827 votes
    10y

    "I do not allow animals. When someone with a service dog applies I continue taking applications till I have a more qualified applicant. I then reject the applicant with the dog without discriminating."

    That's the funniest thing I've read all day. If you sit on the application of a qualified applicant and wait for a "more qualified" applicant to come along, who, coincidentally, doesn't have a service animal, that's pretty much a textbook case of discrimination against people with service animals.

  • Member since 2016 · 13k+ posts · 12k+ votes
    10y

    Landlords often have extended periods of time where they are taking applications for units. The application from someone with a dog will simply be one of many in most cases. The reality is that if a unit only gets one application, with or without a dog, no landlord is simply going to accept the first tenant that applies. It is normal practice for a landlord to choose from multiple applications

    When a landlord does not want to rent to someone, for what ever reason, it is normal practice to  accept additional applications before rejecting the one they do not want. 

    As for sitting on a qualified applicant that is not the case since I do not take pets they are in fact not qualified by my standards, although human rights code (fair housing) would force me to take them,  therefore I need a qualified applicant anyway. 

    Landlords commonly discriminate through this practice they simply do not openly admit they do it. I use it to eliminate all types of applicants I do not accept. Welfare recipients, recently divorced, single moms etc. There will always be a more qualified applicant. Although technically it may be called discrimination I consider it a requirement to protect my business investment.

  • Rental Property Investor · Allentown, PA · Member since 2016 · 33 posts · 18 votes
    10y
    Greg S. What you are doing is in deed discrimination. By your words you're waiting for someone "more qualified" meaning they are qualified you just want someone different. Another issue people have is they classify service animals as"pets" when they aren't. Therefore the pet policies don't apply. When it comes to service animals you are to act as if the animal wasn't even part of the equation. I'm a veteran and a number of my friends have service dogs for PTSD and other reasons so I'm fairly well versed on laws pertaining to service animals. If you don't look at a service animal as a pet but rather a care taker you won't have any legal issues. You wouldn't not rent to someone because they have a nurse so you shouldn't disqualify someone because they have a service animal. Service animals are very smart and highly trained and the odds of a service animal destroying your property are slim to none. You'd get more damage out of a kid than a service animal.
  • JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    @Thomas S., It is not my desire to discuss the moral or ethical facets of the fair housing laws. Instead, let's put this on a business basis. We all take risks in business.  You choose to take a risk that you will be hit with fair housing and discrimination complaints, fees, and penalties, but you think that risk is worth the benefit you gain by retaining complete control over tenant selection. People might or might not agree with your motives, but that is your business decision.  For other readers who wish to disregard the moral and ethical issues, or who disagree with prevailing views on those things, then you must make the same cost/benefit analysis as Greg.  "How likely is it that I will be caught, and what are the consequences of getting caught?"

    In the United States, Fair Housing testers are very active. They typically earn $25 to $50 for each "test" contact. This is how they earn their living. HUD and the local housing authorities are very experienced and sophisticated investigators, and will often "set up" a landlord by sending in 4 or 5 testers at a time. Some are in a protected class, and some are not. All have detailed records of their contacts, what was said, what was submitted, when it was all done, and what follow-up occurred. They research the online forums looking for comments people share about how it is their business practice to illegally discriminate. You cannot be glib and think you will not be caught. You might not, but you can't count on it.

    In the United States, a first offense fine is $16,000 per discriminatory event.  There is usually also a requirement of education, advertising, and other time consuming and expensive activities.  You are then a target for future testers. A second offense carries a minimum fine of $42,500.

    Landlords, choose your actions carefully, after consideration of the consequences, and the availability or non-availability of insurance coverage.  In addition, if you are going to do anything illegal, keep your thoughts to yourself. US Senators are not the only ones who find themselves embarrassed by "private" written thoughts coming into the light of day.

    Finally, for everybody, talk to your insurance agent about Fair Housing coverage. Sometimes it is included as part of the standard landlord policy. Sometimes it is a separate rider.  You can run afoul of the Fair Housing laws even with the best of intentions, or someone could misunderstand something you said, or someone might just outright lie about their interaction with you. You need coverage to pay the lawyers to defend you, even if you are innocent.

  • Investor · Zürich, Zürich · Member since 2016 · 292 posts · 115 votes
    10y

    Boy am I glad that my property manager handles this! ;-)

    While I certainly don't agree with comparing a nurse to an animal (typically nurses don't pee on your grass or scratch the walls etc; at least that's my impression from the nurses I have met ;-) ) I do think that @Jason Clinton has a valid point when, uhm, pointing out that a service animal is not a pet and that these service animals are indeed highly trained and well behaved.

    As always, it depends on the person in control: you can have parents that do not have their kids under control and them trashing the place and then you can have very well behaved kids where the cute little dog is the issue because the dog's "parents" don't have it, the dog, under control. Or you can have a family of with 6 kids + 2 dogs and 3 cats and not have a single problem at your place.

    Would it be lovely not having to deal with this at all? Totally. But that's simply not the reality. What @Thomas S. is describing is textbook discrimination. Will it cause him an issue? Probably not as he is right in pointing out that it's very hard to prove. Just like with all these laws that the US seem to need to protect someone from some sort of (perceived) hardship. I'm not a big fan, I have to admit. But it is simply reality and we need to (properly) deal with it. Or avoid it: by getting out of the game...

    And having a proper service animal addendum - to get back to the OP - is a proper way of dealing with it. At least this is how I see it.

  • JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    @Andy D., a "service animal" is highly trained and probably a very low risk of injury to property or others. An "assistance animal" requires no training or certificates.  A puppy, snake, kangaroo or gorilla can be an assistance animal. Only a trained and licensed dog can be a service animals. Please do not make rental decisions based on assumptions about the animal's character or training.

    Assistance animals are usually the emotional support animals.

    Under Fair Housing laws, landlords cannot discriminate against people with service animals OR assistance animals.

    Under the Americans with Disabilities Act, public places cannot discriminate against persons with service animals. Assistance animals are not protected under the ADA.

  • Investor · Zürich, Zürich · Member since 2016 · 292 posts · 115 votes
    10y

    Thanks for pointing out the difference between service and assistance animals @Denise Evans. 

    I was, indeed, not specific enough in that regard. Believe it or not, I was so far never in the situation to have a tenant apply that had any kind of animal. Quite surprising, come to think of it.

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    10y

    Hi @Denise Evans,

    Thank you for the advice. I guess my personal recommendation (not a lawyer/legal scholar/judge or offering any sort of advice to anyone who is residing on the planet Earth) is to perform your inspections on schedule and address issues at that time. For instance if there is a broken/scratched/chewed molding, setup a time to have it repaired, replaced or fixed. Charge the line item as per your lease. Kitchen molding repair/repaint and replace - $23.00.

    It does not matter if it was scratched by a service animal, a pet, a comfort animal, a nurse or uncle Louie. It is a problem that needs to be fixed and now. Inspect all of your units according to a schedule and repair as required. don't wait until the end of the lease for a final walk through. 

    If the unit is in good condition during an inspection life is great. If the door is scratched up, it needs to be fixed. The tenant will either train their animal/pet/guests/nursing staff to not damage the property or will move to another property. If the unit is clean and they have 4 service animals, 6 comfort animals and a partridge in a pear tree then so be it.

    Just my 2 cents.

  • JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    @Mike Cumbie, that is excellent advice to inspect and require repairs immediately. It avoids the problem of repairs mounting up in excess of the deposit, and is also "trains" the tenant to take better care  of the property.

  • Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes
    10y

    @Thomas S.,

    If litigation / investigation reveals that the application date of the person with animal is before the date of the application which is ultimately accepted, and no other conditions validate non-acceptance of the person with the animal, you could be held accountable for violations of the law.

    You'll want to contact a local attorney.

  • Member since 2016 · 13k+ posts · 12k+ votes
    10y

    @David Dachtera

    When I accept an applicant they are always the one with the highest screening score, out of all applications received, without providing any special treatment to one applicant over another.  For example credit scores. The higher the score the more points the applicant receives in screening. If there is one applicant I do not want it is often easy to find an applicant with a higher credit score. Regardless of my reason for not wanting a particular applicant they ultimately are rejected because they are not the most qualified. Take the service dog out of the equation and every single landlord follows the same procedure.

    All I am saying is that professional landlords applying standard screening criteria can always be selective without technically discriminating.

    My screening criteria and process does not discriminate. I accept the applicant with the highest screening score out of all applications received.  

    To be clear, It is my opinion that anyone with a service dog should not be so ignorant or so arrogant to even apply for a rental where it clearly states on dogs. Although I consider their behaviour as unacceptable I do use the same criteria for screening all applicants. They are however never the most qualified.

    Although some may choose to not consider service dogs as pets they are still animals. I will make sure in the future my adds make it clear I do not allow animals.

  • Charles A.Pro Member
    Rental Property Investor · Jacksonville, FL · Member since 2015 · 208 posts · 282 votes
    10y
    I'd love to know what market Greg S. Is in that he can be so selective 😝
  • Member since 2016 · 13k+ posts · 12k+ votes
    10y

    Landlords can be selective in any market. With the right property, the right rent and the patience to ride out vacancies if necessary. A vacancy is less costly than an eviction.

    When you have enough units they all cover the costs but I have had only 2 actual vacancies in the past 9 years.

  • Rental Property Investor · Allentown, PA · Member since 2016 · 33 posts · 18 votes
    10y
    As a veteran and as someone who had a service dog in their wedding all I can say to that thinking is wow! Greg S. Do you own property in the US? I hope not because our servicemen/women deserve better than you can offer them.
  • JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    Hi @Jason Clinton, I went to Owen J Roberts as a kid. We were football rivals!  I'm in Alabama now. Much warmer

  • Member since 2016 · 13k+ posts · 12k+ votes
    10y

    Although this thread is not about vets but rather service dogs I will throw them in the mix............

    Why do you believe that vets deserve preferential treatment. Do you not want to be treated as an equal to all other American citizens.

    If you had a service dog would you knowingly apply for a apartment that stated no animals. Why would someone with a service dog feel they are more privileged than some one with a dog they treat as a valued family member. Because the law says you are more privileged, is that the only reason.

    I do not mean to insult but I do not understand your rational when there are plenty of places to rent that allow dogs. Why would any one of reasonable intelligence apply where they are not wanted.     

    I do not own property in the US but I have rented to numerous Canadian service men and women in the past and presently have two renting.

  • Rental Property Investor · Allentown, PA · Member since 2016 · 33 posts · 18 votes
    10y
    Greg S. The problem here is the understanding that here in the US a service dog is not a pet or "animal" as you so call it. It is considered a piece of medical equipment. You can't just say a dog is a service dog. It has to be extensively trained. You can walk into any restaurant or get on a plane, go into any hotel or any other establishment in the US that says no "pets" or "animals" without repercussion. Unless you want to be sued that is. Looking at a service animal (there are other animals other than dogs! How about a rat!!) is the problem. I totally agree with your aversion to pets but the problem is in the logic. If you consider them medical equipment then you should be fine. You're placing your personal opinion/feelings before the law (in your thinking, maybe not provable in your practices) But as they say... To each their own! Question... What would you do if after someone signs a lease they become injured and receive a service "animal"? Would you issue them an eviction notice?
  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    10y
    Originally posted by @Denise Evans:

    @Andy D., a "service animal" is highly trained and probably a very low risk of injury to property or others. An "assistance animal" requires no training or certificates.  A puppy, snake, kangaroo or gorilla can be an assistance animal. Only a trained and licensed dog can be a service animals. Please do not make rental decisions based on assumptions about the animal's character or training.

    Assistance animals are usually the emotional support animals.

    Under Fair Housing laws, landlords cannot discriminate against people with service animals OR assistance animals.

    Under the Americans with Disabilities Act, public places cannot discriminate against persons with service animals. Assistance animals are not protected under the ADA.

     I have to chime in here.  In order to be allowed a companion animal, the tenant has to ask for a reasonable accommodation based on their disability.  They must be disabled under the definition, their medical provider must say they need a companion animal because of their disability in order to live comfortably in the unit.

    The key word I want to point out here is "reasonable."  Their request to have you bend or change a rule for them, because of their disability, must be "reasonable."

    Therefore, it is highly unlikely that any court is going to say that a landlord must say yes to a request to have a kangaroo or a gorilla as a companion animal.

    This is written for CA, but it answers the above questions, because even though CA adds some extra benefits to disabled persons,  the basics I mentioned above are in the federal law.

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

    So, no disabled person automatically has a right to have whatever companion animal they want.  They must ask for a reasonable accommodation based on their disability, they can be vetted as far as meeting that definition (according to their medical provider who can also be vetted), they must have a need for the companion animal based on their disability, and their request must be "reasonable."  If their request would cause a landlord unreasonable hardship, etc., their request can be denied on that basis, as well as the others already mentioned.

    So, it's not a slam dunk. Landlords should know this and not be buffaloed by some service animal vest purchased on Ebay.

  • Investor · Birmingham, AL · Member since 2016 · 315 posts · 206 votes
    10y

    @Denise Evans. I agree 100%. Good luck RTR. JP

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