Can I reject a tenant with a service dog in FL?
Homeowner · Tampa, FL · Member since 2016 · 358 posts · 65 votes
Can I reject a tenant with a service dog in FL?
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Real Estate Investor · San Antonio, TX · Member since 2016 · 143 posts · 167 votes
9yHere's the Florida statute that applies to service dogs:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0413/Sections/0413.08.html
It defines a service dog as:
Service animal” means an animal that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
The statute also states:
The crime-deterrent effect of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for purposes of this definition.
58 Replies
- 9yPeter MckernanBusiness MemberResidential Real Estate Agent · Irvine, CA · Member since 2013 · 2k+ posts · 1k+ votes
@Huiping S. You will are unable to deny the dog/tenant due to the dog. That is a protected class and will create the ability for that protective tenant to retaliate if they desire. It is a protected class and would be discrimination if you do reject them.
You can setup some different requirements for tenants coming to rent from you (i.e. 700 credit score).
The McKernan Group4.957 Reviews - Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes9yyou can only reject him if it is for a reason unrelated to the service dog. and if you do, i suggest you have written criteria standards that you can show, in case he gets upset. tread carefully, because i believe service animals can be a big can of worms. from my understanding, you are allowed to ask for documeted proof, but may not ask what ailment the dog is helping with. i suggest doing more research, before you go any further. none of the above is legal advice. consult an attorney if you are unsure about anything.
- Real Estate Agent · Hamilton, NJ · Member since 2013 · 464 posts · 311 votes9y
I'm not from FL but I'm about 99.9% sure you cannot reject the tenant solely because they have a service dog. This would be discrimination. Side note, if the dog is a registered service dog it is not considered a pet so therefore you cannot charge a "pet fee." If you end up rejecting this potential tenant, it will have to be on grounds that they do not meet all of your criteria or you have come across a stronger candidate. Please just know that I am not a lawyer or an experienced landlord. Best of luck!
- Homeowner · Tampa, FL · Member since 2016 · 358 posts · 65 votes9yThanks Peter McKernan! My lucky as a new landlord is low: so many people inquired our new and so clean home but all genies of liars on their finance and credit! I believe he is savvy for FL rental and I have to increase the requirements for credit score on the application form.
- Real Estate Professional · Hayfork, CA · Member since 2015 · 231 posts · 212 votes9y
Has he completed an application form? If he hasn't, use the time to familiarize yourself with Florida landlord tenant laws and with the service dog requirements. If he turns in an application that is not complete, you have a reason to 'back-burner' his application. If his application is complete, start by verifying his references and rental history. Since he already said his landlord may give him a so-so reference, you need to find out what the cause of the less than stellar reference is. If it is something like late payments, breaking lease terms or police visits to the rental, you may not have to check credit before turning down the application. Usually, the prospective tenant tries to make everything sound as good as possible so by waffling about his landlord reference, he is revealing that there may be some problems there.
- Real Estate Investor · Fenton, MI · Member since 2008 · 946 posts · 153 votes9y
There HAS to be a website out there instructing prospective tenants on how to get around a landlord's "no pets" rule. I have had a lot of recent calls from tenants saying they have "emotional support dogs". When i posted this here in another thread a member said he tells them he wants the office address of their doctor along with their written consent to confirm there is a medical reason for this pet. This should eliminate the scammers.
- Software Developer · Vidor, TX · Member since 2015 · 922 posts · 639 votes9y
Ask to meet with the animal and stick your hand in its feeding bowl. Visit their current residence and see how they live. The animal can be rejected and it can be a lease violation of the animal is a disturbance or is a danger to the community. If you don't want to be pet-friendly, have no fenced yards. I believe any modifications/accomodations to the property to keep the neighbors/neighborhood safe are to be borne by the tenant. Fences, ramps, doggy doors and etc. They also have to cover the cost to restore the unit to the original condition. Doggy-door's door replacement and etc. You ask for all this money upfront for the modifications and might be able to also ask for the market cost of returning the property to it's original condition upfront to put in escrow (any fees for setting up an escrow account as well).
They are also liable for any damage the animal does as well. Regardless if it's not considered a 'pet' legally. You just can't charge them a deposit or extra pet rent upfront or during the tenancy. But you can deduct from deposit and/or go after them post lease.
Like stated previously, I believe you can ask for written proof from a physician stating that they indeed have some sort of disability (nothing specific) that requires them to have the pet they do. You can also make them provide proof of the animal's shot records and registration as a support animal.
Definitely get with an attorney about this though so you can have a bullet-proof hoop system that is crafted for your local area. See if you can require the tenant(s) to have an additional liability insurance for having an animal in the home, maybe?
If the previous LL has negative remarks, deny them rental based on that. You should have a criteria list that you send out. One stating that any negative feedback from a previous landlord may cause you to be denied rental. Also have a requirement for previous landlord or home owner ship.
- Homeowner · Tampa, FL · Member since 2016 · 358 posts · 65 votes9yThanks everyone for help! Can I postpone the requested showing time when he has limited time in town? I am a realtor but I am not always available and he is such a demanding person and only meet his time requirements. No application or nothing from him except the potential tenant questionnaire. I would rather he will not internets my property.
- Real Estate Investor · San Antonio, TX · Member since 2016 · 143 posts · 167 votes9y
I recommend that you find out whether the dog is truly a Service Animal or on Emotional Support Animal. Many people confuse the two and there are huge differences with how the law treats each category. Service dogs are trained and certified to aid owners who have a disability and are protected by the ADA. ESAs are non-trained animals that are simply comfort/emotional therapy animals. ESAs are not protected by the ADA. Many owners of ESAs believe or will try to convince business or property owners that their animals enjoy the same protections as Service Animals (i.e. can't be denied access to restaurants, can't be denied access to "no pets" housing). This simply is not the case.
See below for additional details:
https://www.ada.gov/regs2010/service_animal_qa.html
Best of luck
- Real Estate Investor · San Antonio, TX · Member since 2016 · 143 posts · 167 votes9y
Here's the Florida statute that applies to service dogs:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0413/Sections/0413.08.html
It defines a service dog as:
Service animal” means an animal that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
The statute also states:
The crime-deterrent effect of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for purposes of this definition.
- Homeowner · Tampa, FL · Member since 2016 · 358 posts · 65 votes9yReally appreciate all of you for support and help!!
- Software Developer · Vidor, TX · Member since 2015 · 922 posts · 639 votes9y
"...However, an individual with a disability who requests a reasonable accommodation may be asked to provide documentation so that the landlord or homeowner’s association can properly review the accommodation request.11 They can ask a person to certify, in writing, (1) that the tenant or a member of his or her family is a person with a disability; (2) the need for the animal to assist the person with that specific disability; and (3) that the animal actually assists the person with a disability.... Where the ADA applies, requiring documentation or certification would not be permitted with regard to an animal that qualifies as a “service animal.” - Source
That's under section c) Housing.
Does this mean that if someone simply claims their animal is a trained 'Service Animal', that you can't inquire about documented training certification(s)?
Also:
"...Emotional support animals that do not qualify as service animals under the ADA may nevertheless qualify as reasonable accommodations under the FHA.9 In cases when a person with a disability uses a service animal or an emotional support animal, a reasonable accommodation may include waiving a no-pet rule or a pet deposit.10 This animal is not considered a pet." - Same source and section. I wonder how vague the 'may' is, in this case?
- Real Estate Investor · San Antonio, TX · Member since 2016 · 143 posts · 167 votes9y
Unfortunately, according to the law, you can't ask for documented proof that the animal has been trained. This is most likely because they're not required to be trained by a professional and owners with disabilities are permitted to train their own animals.
The law states that housing providers can only ask the following:
"Housing providers may ask individuals who have disabilities that are not readily apparent or known to the provider to submit reliable documentation of a disability and their disability-related need for a service animal....Housing provider may ask [applicant] to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides support that alleviates one or more symptoms or effects of the identified disability".
You can read more here:
https://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf
This a topic that has been discussed extensively here on BP. My best advice would be that if you suspect someone is abusing the law to get a pet into a "no pet" unit or to avoid paying a pet deposit, asking the above question should weed them out. If not, try to find some other legally-based way to disqualify them (credit history, bad reference, etc). Just be sure to document why you disqualified to CYA (cover your *ss). Whatever you do, don't discriminate against someone who has an obvious disability (blind, in a wheelchair, etc.)
- Investor · Glendale, AZ · Member since 2017 · 1 post · 5 votes9y
This is something I often deal with as a property manager in Arizona.
Short answer is you cannot reject a tenant with a service dog in any state due to federal fair housing laws.
When I hear the term "registered" service dog or "registered" emotional support animal (ESA), that is a red flag for me. There is no required registration for service animals, ESA or other assistance animals. I am sure the vast majority of the registrations are fake and done just to get around pet restrictions.
Service Animal is a definition of Americans with Disabilities Act (ADA). ADA deals with pubic life and ADA applies to public areas or commercial spaces. As long as we are not talking about public housing, then ADA does not apply.
What we have to be concerned with is Fair Housing and HUD rules. (There may also be state and city Fair Housing laws that could apply.) Under HUD, almost any animal could be an Assistance Animal. Any Service Animals as defined by ADA will qualify as an Assistance Animal as defined by HUD. Be sure to read the link Ian posted from HUD.
The protected class that this falls under is disabilities. So the first thing is to determine if the applicant or one of the occupants is disabled. No disability, then no special accommodation required such as allowing animal when there is a no pet policy. You can not ask what this disability is or specifics about the disability. You can also not ask the person if the disability is obvious, ie. someone in a wheel chair.
The second thing, does the person making the request have a disability-related need for an assistance animal? If the answer is no, then no special accommodation required.You do not have to accept a certificate or service animal id cards on their own as proof. If they include supporting documentation from a healthcare professional, you might have to accept that if it validates a disability and disability related need. Anytime a request is made, I provide a form to be filled out by their healthcare professional. This weeds out the fakes. I use a form like this one http://www.doctorevictor.com/s/Verification_of_Disability_from_Medical_Provider_2016.doc. You may want to run it by your attorney and make sure it complies not only with federal law, but also any local laws.
If you do get the verification back, there is still one more out. You don't have to comply with fair housing law if it creates and undo hardship for the landlord. For example, if the animal is a breed restricted by landlord's insurance company. You can request a waiver of the restriction from insurance company along with the tenants accommodation request. If the insurance carrier threatens to cancel your insurance, that would be a valid legal reason to deny the tenant's request. Definitely don't do this without consulting with your attorney first.
- Investor · Clifton, NJ · Member since 2017 · 53 posts · 54 votes9yIf you have clearly defined requirements for qualifying renters, and you've published them anywhere during your marketing for this apartment, I would highly suggest you not change them now just to disqualify this prospective tenant. You've already outlined that besides the animal, the tenant is qualified financially. So, if you suddenly shift the rules it may set you down a course fighting legal action. If he's the first applicant, and you can't DQ him for any good reason, bite the bullet and rent to him. If it really is a trained service animal, you might not have any issues.
- Homeowner · Tampa, FL · Member since 2016 · 358 posts · 65 votes9yAppreciate Jason Webb and others for help! I don't want to say anything but this person 100% self centered: He send many many message to ask me show him my property on the times he thinks everyone should WORK for him and ignored I told him I am full-time employee. I will keep this on my phone as an record. For the showing, I only do group show for the time convenience for myself on weekend. Some laws made by toes but not brain.
- Member since 2016 · 13k+ posts · 12k+ votes9y
Legally you can not reject a applicant because they have a service animal but legally you can reject a applicant that has a service dog. Having a service animal does not obligate a landlord to accept them.
You can reject any and all applicants provided you have someone else equally or more qualified or if they do not pass screening (aside from the pet issue).
You could reject a applicant with a service animal due to low income, low credit score, short duration of employment, bad attitude even bad breath. Any reason you would reject any other applicant. Finding a legitimate reason is very simple.
- Rental Property Investor · Seattle, WA · Member since 2014 · 1k+ posts · 1k+ votes9y
Originally posted by @Thomas S.:
Legally you can not reject a applicant because they have a service animal but legally you can reject a applicant that has a service dog. Having a service animal does not obligate a landlord to accept them.
You can reject any and all applicants provided you have someone else equally or more qualified or if they do not pass screening (aside from the pet issue).
You could reject a applicant with a service animal due to low income, low credit score, short duration of employment, bad attitude even bad breath. Any reason you would reject any other applicant. Finding a legitimate reason is very simple.
This. I have found 99% of the time these people also have bad credit, bad references and low income.
- Member since 2016 · 13k+ posts · 12k+ votes9y
Best option is to simply make yourself unavailable and hopefully he will go away. Without a application you have no legal obligations.
Fact is you already have legal grounds to refuse his application. A Holes are not protected under fair housing act.
- Rental Property Investor · Lehi, UT · Member since 2015 · 195 posts · 133 votes9y
If the animal is a true Service Animal. It should be well trained and not be an issue. Are you rejecting the animal because you have a severe allergy and would be unable to visit the home to collect rent or inspect the property, or maybe you were attacked by an animal as a child and you have a diagnoseable fear of dogs. If so, your medical condition is a pre-existing condition and since you are there first, you can use that.
If not, really look at why you don't want a dog on your property. A well trained service animal will cause less damage than most humans.
Now if it is a comfort animal, that can be legitimate, but often they just asked their doctor for a note to have a pet. The National REIA covered this in this month's call. A true comfort animal must be with the person 24 hours per day. It is necessary for their well being. Caring for the animal as if it was their own child is mandatory. If they do not take the animal to work with them or provide a babysitter, it is not a comfort animal. At that point, they made the animal a pet.
- Rental Property Investor · Ocala, FL · Member since 2016 · 226 posts · 140 votes9y
If you have several applicants, review all of them, and you can select the one most qualified to be your tenant. Be very sure to have all screened, and make your selection. I use an online screening service that the prospective tenant pays to be screened. That service will give you a recommendation as to whether you should rent to each one.
The one with the service dog may or may not be the one that is best for your property. After you choose your tenant, tell the ones that are not chosen, that you have chosen someone else, if they ask you. Just don't get into any discussion why you made the choice that you made. You made a business decision. That is all they need to know and wish them well.
One of the things I consider is if they appear to be pushy and demanding when you talk to them. So, it sounds like that person may be eliminating themselves, in my humble opinion, Rent to good nice people and life is a lot easier.
- Investor · Philadelphia, PA · Member since 2010 · 739 posts · 372 votes9y
Originally posted by @Huiping S.:
Thanks everyone for help!
Can I postpone the requested showing time when he has limited time in town?
I am a realtor but I am not always available and he is such a demanding person and only meet his time requirements.No application or nothing from him except the potential tenant questionnaire.
I would rather he will not internets my property.
Wait this person hasn't even seen it? If it were me I would just stop responding, but I personally love dogs so I don't have that policy
- Investor · AK · Member since 2016 · 31 posts · 22 votes9y
I do not know about Florida but I figured I would chime in.
You can ask for service records for a service dog. I.E. Are they a therapy dog, are they a support animal for some physical disability.
In Alaska I do know if the animal is solely a therapy dog then you can treat them as a standard pet.
If the dog is used for a disability and has medical clearance and training you can not discriminate.
Many people are getting their dogs through cheaper programs to fake service training certification.
Here is a website to verify certification https://www.usserviceanimals.org
If the animal has not been through a certified national training course then they are not eligible as a service dog and you don't have to acknowledge them as such.
I've run into this before in Alaska for people attempting to avoid pet fees.
It normally takes a few months to train an animal in a medical environment for obtaining a service animal certification.
Once again check your state laws but I'm pretty sure this is the national rule. It will also save you from property damage from an animal that isn't properly certified.
Normally comfort certification isn't nationally recognized. It's a way for people to try to manipulate the system, but let me tell you when you can go online for 30bucks and get some bogus certification it tends to not stand up in court.
True services training is normally paid for by non profit for persons with disabilities and can run in the thousands if not more. Add to that the training time , I would suggest is someone has a true service animal then they might be a great tenant. Normally the animals are better behaved then the owners in this case:-)
Hope this helped, please make sure your state is not more liberal on this scenario before rejecting or possibly discriminating a potential tenant.
- Homeowner · Tampa, FL · Member since 2016 · 358 posts · 65 votes9yI gave him time when I am available to show the property but he said that is his rest time and asked me to show him the property on his convenience time, such as 11am. I told him i can't because I am full time employee in office. Since then so many messages to me and really bothered me. I keep his message and no any further response to him. I called lawyer's office immediately when this seems too much. I didn't say anything about his dog to reject his request to show him the property but he couldn't be served with so high demanding. Really appreciate everybody the very thoughtful input!
- 9yAaron T.Pro MemberDeveloper · Aguada, PR · Member since 2014 · 927 posts · 279 votes
I will reread this thread later, I just read the first post. I would not take the tenant based off his comment that you cant reject him because of the dog. this just screams problems in the future. it comes off as entitled, and will be used against you in the future if he was a tenant.
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