Pet Fee/Emotional Support Animals- Illinois

[Shannon Gauthier]

We have had the same tenant in one of our units since 2015. It is now time for lease renewal and she doesn't want to pay the pet fee for her new lease term because she claims her dog is an emotional support animal. She has never stated this to us previously, nor has she provided any paperwork. We understand that once the paperwork is provided, the pet fee shall be returned to her. But without providing paperwork, is t she still obligated to pay the pet fee for her new lease term? If she refuses, what are our options?

[Weston Harding]

@Shannon Gauthier thanks for starting the thread! I think this is definitely an interesting topic for landlords right now. Especially those who typically would prefer no pets in the unit and/or building at all. 

With that being said there are rules you should follow and you can check online recourses, but in Chicago typically if a tenant renews there are no additional fees move in or pet. If the fee reoccurs it is typically in the forms of a small pet rent usually about 15-25$/month and I have seen this number begin to increase over the years. 

When it comes to a service or emotional support animals, there is no additional fees or deposits that are to be paid. A tenant with an emotional support animal also does not have to follow pets policies regarding if they permit them, size, breed etc. Please note there is also a difference between service animals and emotional support animals.

It is challenging though because you can not really inquire into the nature of why they have an emotional support animal what you need is reliable documentation from doctor, social worker psychologist etc. that determines have an assistance animal will alleviate one or more of the symptoms or effects. Should be an ESA letter you are looking for.

I would suggest consulting an attorney to make sure you are covering all your bases. Do you live in the building? What are the total units in the building?