Service Animals

[Justin Peila]

Question - can we still require a non refundable deposit for service animals in Washington State? Potential tenant is asking if it is required since it is a service animals - oh and there are TWO!

[Joe Splitrock]

@Justin Peila service animal is different than an emotional support animal. Service animals are governed by ADA whereas emotional support animals are governed by Fair Housing. 

Service animal is trained to perform a specific duty for a handicap person such as a seeing eye dog and they are certified. Emotional support animals are not trained are are not certified, although people buy fake certificates on the internet so be aware!

For emotional service animals you can and should require a letter from their doctor stating these two specific animals are required for treatment of your applicant. Make sure the letter states the specific breed and quantity of dogs required for treatment. Also make sure the letter comes directly from the doctor. Don't accept a letter that your applicant brings to you. Ask for the fax number or e-mail of the health care provider and contact them yourself, asking them to send the letter directly to you.

There are many people who use emotional support animals as an excuse to get pets into a property without proper doctor certifications. 

Service animals under ADA don't bother me one bit because they are legitimately treating a person with a handicap, but the emotional support animals are not controlled sufficiently to protect a landlord, so lookout for yourself.

In either case, they are animals not pets and you cannot charge pet rent or pet deposit. If the animal does damage, you can still take money from their security deposit. Also feel free to implement regular inspections to make sure the pets are not destroying your property. They have a right to the animals, but not a right to damage your property!