Investor · PO, WA · Member since 2015 · 197 posts · 95 votes
Still trying to understand what we have to do to accommodate a service animal, but long story short, we have a tenant (the only person listed on the lease) that we have noticed the smell of dog and cat when our lease specifically forbids animals. when asked about the smell of animals, we were told that the significant other (not listed on the lease) has a service dog. we explained that pets are not allowed and that they are responsible for their guests to which she responded that we have to make accommodations for that dog.
so a few questions:
1) we don't believe we have to make accommodations for a supposed service dog a non-tenant. are we correct?
2) the damage to the unit (i.e. the smell) is from the carpet which was relatively new when the tenant moved in and did not have an oder. we believe we can deduct the cost of new carpet from the security deposit because it isn't normal wear and tear because the lease prohibits animals. are we correct?
3) we actually know someone who wanted to bring their dog shopping and to restaurants, so they asked their Dr. to write a letter saying the "needed" the dog (i.e. it was a service animal) so i doubt this is really a service animal, but can we ask for proof that the dog is in fact a service animal?
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
10y
A few of my thoughts from my years of experience as a landlord and from my former work as the Accessibility Services Manager at a large medical center and advisory board member of an agency serving people with disabilities. Not legal advice.
1. It is good practice to establish a pet policy and procedure and a service animal policy and procedure prior to encountering the need.
An example from our rental agreement of a clause that has proven useful:
"PETS AND ANIMALS.This agreement specifically prohibits keeping pets/animals, or allowing the pets/animals of others on the premises, even temporarily, without the prior written consent of Landlord.“Pets/animals” include, but is not limited to, both warm- and cold-blooded animals, such as dogs, cats, fish, rabbits, hamsters, rats, birds, snakes, lizards, and insects.Tenant agrees to pay immediately for any damage, loss, or expense caused by such pets/animals. If Landlord grants permission for keeping a pet, Tenant must sign a Pet Agreement addendum for each pet, which may require additional monthly rent and/or additional security deposits. Service animals are allowed for people with qualified disabilities upon request and completion of a Service Animal Agreement addendum. If Tenant allows a pet/animal in the residence, even temporarily, without Landlord’s consent, Tenant agrees to pay a penalty fee of fifty dollars ($50) per violation, per pet/animal."
2. Regardless if damage is done by a pet or a service animal, you can charge for the damages. It is good practice to charge for damages as they occur or as you discover them. Security deposit funds are for use at end of tenancy after the tenant has moved out. If you wait until the end of tenancy to charge for damages, the security deposit will rarely be enough.
3. You can ban pets or even charge a pet fee, pet deposit and/or pet rent for pets, but you can not do so for service animals. Many tenants realize by classifying their pet/animal as a service animal they can skirt around no-pet policies and policies that require a pet fee/pet deposit/pet rent. There are numerous resources on-line to help people get so-called certification of their animal as a service animal, whether or not the animal is legitimately so and whether or not the person has a qualified disability. We encounter more people faking it than we encounter those who are legitimate. That said, it is important to be respectful and follow the same procedure with everyone who requests an accommodation. We openly state that we welcome qualified service animals for people who have qualified disabilities. We will provide reasonable accommodation as necessary.
We can and do require the person to put their request in writing and to provide appropriate documentation. Unfortunately, the type of documentation you can require the person to produce is minimal. You can not ask the person specifics about their disability and they do not need to share that with you. However, you can ask for documentation from a qualified professional that attests to the fact that the tenant/guest has a qualified disability and that this particular animal provides a necessary service specific to this person's disability.
4. Requirements for places of public accommodation (stores, restaurants, hospitals, etc) is not the same as requirements for housing. The home of an individual is not a place of public accommodation, but it's occupants are protected under Fair Housing laws. A tenant and/or their guest need to be accommodated upon request if they have a qualified disability. Be sure to consult with experts on federal and local fair housing laws for your jurisdiction. Some states, counties, and municipalities have established additional laws to protect people with disabilities from discrimination in housing. Check out the HUD documents in their portal. There are some differences between public housing and private housing. There are different laws that apply depending on the type of business entity and type of housing.
5. From what the OP shared, it sounds as though the individual in need of accommodation may be a tenant, not a guest. Whether or not the person is named in the rental agreement, if they have established residency, they become a tenant by default. If this is the case, it is best to amend the rental agreement to include the name the new occupant. If they do not live there, have not established residency and are indeed a guest, the OP may still require them to provide documentation to support their request for an accommodation. In either case, the OP will need to become familiar with Fair Housing law and other laws protecting the rights of people with disabilities and accommodate as necessary.
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
10y
Not an attorney. I recommend you talk to HUD or an attorney for assistance but I'm pretty familiar with the issue and you probably should allow the guest to visit. HOWEVER...you do have the right to verify that the person has a disability that requires the use of a service animal. If you contact HUD they can help you track down some sample policy or forms to use.
I require people with service animals to fill out a form requesting a waiver of my no-pet policy. Then I give them a sample letter that must be placed on the letterhead of the individual qualified to prescribe the need for a service animal. This ensures it is verifiable and current. It scares away about 75% of the people because they are trying to manipulate the system.
I would also provide a letter to your tenant stating that he is responsible for the condition of the home and that the law still allows you to charge for damages. I would then give him an estimate of professional cleaning costs and odor removal. Once he sees how much he will owe to remove any evidence of an animal in the unit, he will probably tell his friend not to bring the dog any more!
Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
10y
@Nathan Gesner just gave you some good things to think about. Another person on here who I have huge respect for and seems to be very knowledgeable about this area is @Marcia Maynard. She is amazing. Maybe she can chime in. If the carpet has already been damaged I believe you can proceed against him for the damages now. You may want to get more information before sending anything out in writing though.
Manhattan, NY · Member since 2015 · 109 posts · 27 votes
10y
Try consulting with an attorney about your options. From my understanding you might have to make an exception for the service animal, but since the pet belongs to the tenants significant other who is not listed on the lease there may be other options.
Investor · Leominster, MA · Member since 2011 · 1k+ posts · 589 votes
10y
@Mike R.one thing to keep in mind. Just because they are not listed on the lease does not mean they are not a tenant. If the person lives there they are your tenant. You have a potential discrimination case on your hands and it would be best to spend a few hundred dollars on a consultation with an attorney and also do a review of your lease to determine you legal standing. Does this person just visit on occasion or do they sleep there regularly. You need to be sure you understand the security deposit laws for your state. in MA we can't charge a pet security deposit along with the normal security deposit if the amount combined exceeds one month's rent. We can charge a pet fee as long as there is no expectation that it will be returned. Essentially you can charge as much rent as you want in exchange for allowing pets.
Attorney · Attleboro, MA · Member since 2015 · 412 posts · 165 votes
10y
Lets start at the beginning. Did you know this significant other was going to be living there!!?? If not then what does your lease say about how long a "guest" can stay? This could be a lease violation and you may want to think about an eviction.
If she is a guest I don't think you would have to make accommodations. If she is a tenant then probably. This might be a lease violation.
Although you may have to make an accommodation for a service animal I would think they are still responsible for the damage cause by that animal. Usually you can't take the security deposit until they vacate though.
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
10y
A few of my thoughts from my years of experience as a landlord and from my former work as the Accessibility Services Manager at a large medical center and advisory board member of an agency serving people with disabilities. Not legal advice.
1. It is good practice to establish a pet policy and procedure and a service animal policy and procedure prior to encountering the need.
An example from our rental agreement of a clause that has proven useful:
"PETS AND ANIMALS.This agreement specifically prohibits keeping pets/animals, or allowing the pets/animals of others on the premises, even temporarily, without the prior written consent of Landlord.“Pets/animals” include, but is not limited to, both warm- and cold-blooded animals, such as dogs, cats, fish, rabbits, hamsters, rats, birds, snakes, lizards, and insects.Tenant agrees to pay immediately for any damage, loss, or expense caused by such pets/animals. If Landlord grants permission for keeping a pet, Tenant must sign a Pet Agreement addendum for each pet, which may require additional monthly rent and/or additional security deposits. Service animals are allowed for people with qualified disabilities upon request and completion of a Service Animal Agreement addendum. If Tenant allows a pet/animal in the residence, even temporarily, without Landlord’s consent, Tenant agrees to pay a penalty fee of fifty dollars ($50) per violation, per pet/animal."
2. Regardless if damage is done by a pet or a service animal, you can charge for the damages. It is good practice to charge for damages as they occur or as you discover them. Security deposit funds are for use at end of tenancy after the tenant has moved out. If you wait until the end of tenancy to charge for damages, the security deposit will rarely be enough.
3. You can ban pets or even charge a pet fee, pet deposit and/or pet rent for pets, but you can not do so for service animals. Many tenants realize by classifying their pet/animal as a service animal they can skirt around no-pet policies and policies that require a pet fee/pet deposit/pet rent. There are numerous resources on-line to help people get so-called certification of their animal as a service animal, whether or not the animal is legitimately so and whether or not the person has a qualified disability. We encounter more people faking it than we encounter those who are legitimate. That said, it is important to be respectful and follow the same procedure with everyone who requests an accommodation. We openly state that we welcome qualified service animals for people who have qualified disabilities. We will provide reasonable accommodation as necessary.
We can and do require the person to put their request in writing and to provide appropriate documentation. Unfortunately, the type of documentation you can require the person to produce is minimal. You can not ask the person specifics about their disability and they do not need to share that with you. However, you can ask for documentation from a qualified professional that attests to the fact that the tenant/guest has a qualified disability and that this particular animal provides a necessary service specific to this person's disability.
4. Requirements for places of public accommodation (stores, restaurants, hospitals, etc) is not the same as requirements for housing. The home of an individual is not a place of public accommodation, but it's occupants are protected under Fair Housing laws. A tenant and/or their guest need to be accommodated upon request if they have a qualified disability. Be sure to consult with experts on federal and local fair housing laws for your jurisdiction. Some states, counties, and municipalities have established additional laws to protect people with disabilities from discrimination in housing. Check out the HUD documents in their portal. There are some differences between public housing and private housing. There are different laws that apply depending on the type of business entity and type of housing.
5. From what the OP shared, it sounds as though the individual in need of accommodation may be a tenant, not a guest. Whether or not the person is named in the rental agreement, if they have established residency, they become a tenant by default. If this is the case, it is best to amend the rental agreement to include the name the new occupant. If they do not live there, have not established residency and are indeed a guest, the OP may still require them to provide documentation to support their request for an accommodation. In either case, the OP will need to become familiar with Fair Housing law and other laws protecting the rights of people with disabilities and accommodate as necessary.
Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
10y
I wonder if a guest (if he is not a tenant) would be considered under the same conditions as a hotel, where it's my understanding that they have to allow an actual service animal without any additional fee but do not have to allow an ESA. I know we have to allow both to tenants as landlords, but not clear on guests. Either way, I would charge the actual tenant for any damage or cleaning or deodorizing necessary. I like that more states are clamping down on fake service dogs, but with these online doctor's letters for cheap just by filling out a form, no visit necessary, I think it's only going to get worse.
Investor · PO, WA · Member since 2015 · 197 posts · 95 votes
10y
"However, you can ask for documentation from a qualified professional that attests to the fact that the tenant/guest has a qualified disability and that this particular animal provides a necessary service specific to this person's disability."
so do you think we can require that the documentation include reference to a specific animal such as the breed/color, etc?
"However, you can ask for documentation from a qualified professional that attests to the fact that the tenant/guest has a qualified disability and that this particular animal provides a necessary service specific to this person's disability."
so do you think we can require that the documentation include reference to a specific animal such as the breed/color, etc?
Our Service Animal Agreement includes a description of the particular animal. This can include type, breed, color, age and any particular markings. It serves to identify the animal. We also take a photo of the tenant with the disability holding or sitting with the service animal. That becomes part of the documentation. If they need to change from one service animal to another, then we fill out a new Service Animal Agreement.
We also include name and contact information regarding the service animal's veterinarian and emergency care taker.
Here is an excerpt from our Service Animal Agreement regarding other terms:
"Tenant agrees to:
1.Provide proper care for the animal in accordance with veterinary recommendations or ASPCA (American Society for the Prevention of Cruelty to Animals) guidelines.See www.aspca.org.
2.Not to leave the animal unattended for any unreasonable periods of time.
3.Adhere to local ordinances, including leash, vaccination, and tag/licensing, requirements.
4.Clean up after the animal and dispose of animal waste properly and quickly.
5.Not to leave animal food or water outside the dwelling, as it could attract other animals.
6.Keep the animal from being noisy, aggressive, or from causing any annoyance or discomfort to others.
7.Immediately remedy any complaints that arise from animal behavior.
8.Immediately pay for any damage, loss, or expense caused to others by the animal.
9.Provide animal with regular health care, to include vaccinations as recommended by a veterinarian.
10.Arrange for an emergency caretaker for the animal.
Tenant agrees to indemnify, hold harmless and defend Landlord against all liability, judgments, expenses (including attorney fees), or claims by third parties for any injury to any person or damage to property caused by Tenant’s animal.
Landlord reserves the right to revoke permission to keep the animal should Tenant break this agreement or provide false or misleading information."
Rental Property Investor · Knoxville, TN · Member since 2015 · 45 posts · 24 votes
10y
If they have already ruined the carpet, you might as well let them stay and just plan on replacing it with funds from their deposit. If they stay a long time it won't really matter to your bottom line. You might even offer to work with them and request a non refundable monthly pet fee and/or additional deposit.
-Asa
Investor · PO, WA · Member since 2015 · 197 posts · 95 votes
10y
sort of... Tenant still there but we didn't notice the smell last time we were in the apartment. A very helpful suggestion I received was to require that they show proof Of up to date vaccinations and local pet license. This is usually too much work for the schemers so they go away on their own
Sheridan, WY · Member since 2016 · 3 posts · 0 votes
10y
Everyone needs to know there is a difference between an actual ADA service animal and an ESA (emotional support animal).
An ESA is not a trained service animal, although some businesses allow them, it is entirely at the discretion of the business.
A trained ADA service animal must be allowed. A true service animal must preform at least two specific tasks for the disabled person. A true ADA animal is highly trained, and not likely to soil carpet, however, it is under the same jurisdiction for damages as a regular household pet.
There are cases where a service animal are used to warn their owner of epileptic seizure, this is not an ES animal, it is a medical alert service animal. Dogs used to calm a vetran's PTSD are both ES animals, and a medical alert service animal.
There are many out there these days who take advantage of the ADA's broad use of the term "service animal", however, there are government guidelines for actual qualification.
"Although the law does not exclude any particular species from qualifying as an ESA, commonsense will nearly always prevail. For example, despite there not being written exclusions, if an emotionally disabled airline passenger wants to to be accompanied in the cabin of the aircraft by his ESA and the ESA is full sized goat, the airlines will likely require the goat to be crated and travel in "cargo". Similarly, a landlord would likely be able to successfully defend the rejection of a tenant with a hippo as an ESA."
Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes
10y
LOL @ a hippo as an emotional support animal.
It's going to happen...
"My word. I just CANNOT believe that you will not allow my emotional support hippo on this airline. PEOPLE THESE DAYS. Young man, I will have you know that my emotional support hippo entitles me to [bla bla bla] and [bla bla bla], and if you refuse to accommodate, then you will be hearing from both my lawyer AND I will be posting a very critical review to your yelp!"
Investor · Bethel, AK · Member since 2013 · 1k+ posts · 852 votes
10y
@Mike R. I don't know for sure what constitutes a service animal these days but my first wife was legally blind. She had a service dog. The dog never was actually her property. He was LEASED from the school that trained him. The cost was $1.00 for life. He lived 12-15 years or so and lived in our house. we fed him and he was part of our house hold. when he became to old to work the school could take him back or if he failed to perform to standard he was the property of the school. the school made periodic checks the first couple years to see that we were taking care of him and he was performing well. He went every where with us and when the time came my ex had to put him down. At one point she was denied access to a store, because of the dog. The store owner was issued a ticket by the local authorities and had to pay a fine.
What I am trying to say is IF the dog is a true service dog, the owner can prove it. (we had a lease, and a certificate, and at the time we had to show it to airlines to get him on board in the passenger area of a plane. He was big enough he got his own seat.) And if the dog is a legal service dog you most likely cannot deny the owner tenancy without risking a discrimination suit. This was in the mid 90's to early 2000's. If I am not mistaken this is a federal law, not local or state. We lived in Colorado at the time.
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
10y
There are federal non-discrimination laws and also those at the state and local level, of which we must be aware. The ADA is just one such law. But as it pertains to housing, it the Fair Housing Act and HUD that lead the way.
To answer the question about service animals or assistance animals, as it pertains to housing, a service animal is an animal that is a necessary reasonable accommodation for a person with a disability. The person must have a disability, must request the animal as a reasonable accommodation for that disability, and must be able to show that the animal is necessary because of the person
