End of Lease with Emotional Support Animal

End of Lease with Emotional Support Animal

Investor · San Francisco, CA · Member since 2016 · 4 posts · 0 votes

Hi BP Community, I need your input as to what to do in a situation I'm having with one of my tenants in California.   This particular tenant is a dog walker and had a pitbull that I discovered she was keeping in her home.  I gave her several warnings and eventually an evection notice last month.  Today she emails me and tells me that she has been seeing a therapist for anxiety and the therapist prescribed a emotional support animal animal or companion animal.  She also sent me a copy of the prescription from her therapist.    She said she did not realize that the dogs that she was walking helped her with her mental health, anxiety issues, until she was forced to stop her dog walking business.   So she started seeing a therapist and that is when the therapist prescribed her the service dog.   Seems like a deceitful way to get her pet in the house.  This tenant's lease ends In June and I was planning not to renew even before I found out about her service dog because  I've had a lot of issues with these tenants regarding, not only the dog, but also excessive noise (partying late nights). The tenants that lived below them moved out because of the noise they were causing.   How should I proceed in this situation since she only has a few months left in her lease. And if I don't renew her lease will she view it as retaliation?  Can I renew without giving a reason? Any advice would be appreciated.  Thanks

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Kim Meredith HamptonBusiness Member
Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
9y

@Jing Tagle most insurance won't insure in that vicious breed dog, therefore it creates an undue hardship on you and you can move forward with an eviction. Emotional support or companion animal is different than an Service Animal. I would double check with a landlord tenant attorney in your area for further clarification. 

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  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    I would not renew at the end of her lease and see what happens. Let her take you to court if she chooses and make your case. Nothing ventured nothing gained. Chances are she will not fight.

  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    @Jing Tagle most insurance won't insure in that vicious breed dog, therefore it creates an undue hardship on you and you can move forward with an eviction. Emotional support or companion animal is different than an Service Animal. I would double check with a landlord tenant attorney in your area for further clarification. 

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    So basically you gave her a notice of Non renewal to vacate at the end of her lease. or your planning on doing that, just make sure you follow proper notice period so your correct.

    I'd not push the service / animal issue just tell her you do require copy of dogs vaccinations and also a copy of her renters insurance that lists this dog, and breed. You can not charge pet rent or pet fee, but if the dog makes any damages to the unit you can charge for repair. 

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