Rental Property Investor · Golden, CO · Member since 2015 · 65 posts · 11 votes
I have prospective tenant that has a service animal. Typically I charge a non-refundable pet deposit. Is it still legal to charge this deposit for service animal? Thanks in advance!
-Charlie
Also, can I ask for any type of documentation to prove animal is truly an emotional support animal?
I believe if they are visibly handicapped you can't ask for the documentation, but if it is a handicap that is not visible you can ask for the documentation.
On a different note - if you use the term deposit, this should mean the money is refundable. If you are collecting money from tenants that is nonrefundable you may want to switch to using the term fee instead. The term deposit may sound a little nicer than fee, however technically if you're making the money nonrefundable it turns into a fee.
Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
9y
Because service animals are not pets, no. Not in jurisdictions I'm familiar with anyway.
I have removed the word pet from all of my leases, addenda, applications and advertising. Everywhere says 'animal' now and has for a few years.
I charge more for security deposits than I used to in case an animal is involved. Check your state for allowable deposit limits. If an animal is not involved I may have reduced the deposit requirement before but can't really remember.
Anyway - lesson learned for now, but I think you be stuck. Even though it has fur and four paws, you are not dealing with a pet @Charlie Gruber
Residential Real Estate Broker · Aurora, CO · Member since 2017 · 1 post · 0 votes
9y
No - one is not allowed to charge for actual service animals. (deposit or fees). A problem these days - is that folks are calling their pets "emotional support animals" to get out of paying for them. Actual service animals are trained dogs.
Rental Property Investor · Golden, CO · Member since 2015 · 65 posts · 11 votes
9y
Thanks for feedback. For more background it's actually an emotional support animal. In terms of justification I'm in Colorado and more specifically Winter Park/Fraser area. Thanks.
-Charlie
Temecula, CA · Member since 2016 · 22 posts · 3 votes
9y
I believe you can ask for documentation to verify the need for the support/service animal. Usually it's just a note from their Dr or other medical professional stating their need. Most states also have documentation for the animal as well, almost like an ID card that the applicant could provide.
Also, can I ask for any type of documentation to prove animal is truly an emotional support animal?
I believe if they are visibly handicapped you can't ask for the documentation, but if it is a handicap that is not visible you can ask for the documentation.
On a different note - if you use the term deposit, this should mean the money is refundable. If you are collecting money from tenants that is nonrefundable you may want to switch to using the term fee instead. The term deposit may sound a little nicer than fee, however technically if you're making the money nonrefundable it turns into a fee.
Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
9y
No you cannot charge one dime more. You CAN charge for any damage done to the unit whether it is a service animal or pet. I load up on security deposits as a general rule and this has nothing to do with pets or service animals but rather due to experience:)
Property Manager · Bowie, MD · Member since 2017 · 120 posts · 67 votes
9y
right. Can't charge fees for service (comfort) animals. But you can most assuradly charge for damage. Make sure before they move in there is no urine or pet stains in the apt and state that the unit they are about to move into is indeed free of it (put this in all of your leases) also keep an eye out for damage to door jambs and the bottom of the doors
Service animals do have documentation and you could ask for it
Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
9y
@Charlie Gruber so not everyone agrees that it's acceptable to ask for documentation that their animal is a service animal. For example, requesting documentation that someone is disabled creates a stigma which can be considered being hostile toward disability.
The short answer is "no" you can't charge fees or extra deposits related to service animals. There is a lot of grey with emotional support animals but the safe answer is also "no" you can't charge.
If I have a no pet policy am I required to rent to someone with a service dog?
There are some exceptions (eg own 3 houses or fewer or apt building with 4 units or less and you also live there... be sure to read the laws - this thread and several others give a number of good urls) but yes, generally you have to rent to them and can't reject them due to the service dog. If they fail to meet other, well defined, in advance, that you can document, reasons (low credit score, bad past landlord references, etc.) then you can reject them. It would be prudent to make your list of requirements known in advance in writing and then if you reject them notate which of those criteria they failed.
Eden Prairie, MN · Member since 2017 · 6 posts · 4 votes
7y
Great thread! I have two different tenants in a future property with "support animals" which also happen to pit bulls (imagine that). My insurance does not allow pit bulls. What now?
Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
7y
You can't charge a fee or extra deposit for a service animal (either a mental or physical disability). However, you can charge for any damages that animal makes. You can also require damages to be paid as they happen.
Advice to heed, whether you are talking about animals or not. Complete occasional inspections. If there are animals in the home, I'd recommend at least quarterly. If damages are found that are the tenant's (or their animal's) fault, the tenant needs to make arrangements to pay you for them. Do NOT allow them to be taken out of the security deposit. The security deposit is for covering damages after a tenant has moved out.
You are dealing with both state and federal laws on this topic.
https://usaservicedogregistration.com/emotional-support-animal-laws has some info on this and says that you are not allowed to ask for documentation. You must not discriminate against people with service dogs by not renting to them, even if they have a breed that is excluded from your insurance policy ie. a Pit Bull.
I've had people try this crap on me before and it is not right. If my insurance does not cover me for certain breeds, why should the law require me to put myself and others at risk of injury or a lawsuit over an attack???
I have had pit bulls attack children in the face before, so we don't allow them anymore. Just my opinions here, but I'd suggest you consult an attorney.
You are dealing with both state and federal laws on this topic.
https://usaservicedogregistration.com/emotional-support-animal-laws has some info on this and says that you are not allowed to ask for documentation. You must not discriminate against people with service dogs by not renting to them, even if they have a breed that is excluded from your insurance policy ie. a Pit Bull.
I've had people try this crap on me before and it is not right. If my insurance does not cover me for certain breeds, why should the law require me to put myself and others at risk of injury or a lawsuit over an attack???
I have had pit bulls attack children in the face before, so we don't allow them anymore. Just my opinions here, but I'd suggest you consult an attorney.