Service Dogs at Apartment Complex with no pet policy in effect

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Service Dogs at Apartment Complex with no pet policy in effect

Ramon Pena Alvarado
Denver, CO · Member since 2016 · 8 posts · 0 votes

We have an apartment complex in Denver, Co. We established a NO pet policy many years ago and recently a tenant secured a Service dog because of a trauma she suffered. Im not against dogs but...other tenants are constantly questioning me as to why they can't have a dog since my traumatized tenant can. 

I understand Service Dogs are protected under Federal Law and I can be sued and probably lose if I demand she leave. 

My question is:

1. Has anyone dealt with this situation and how?

2. Can I charge her a non refundable pet deposit and what amount is fair?

3. She is now - month to month...Can I give her a 30 day vacate and not break any Federal laws??

Thank You...

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  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    1. you can't discriminate against a legit service animal any more than you can a wheelchair or crutches. They are not pets in the eye of the law.

    2. You cannot charge pet rent, pet fees, or pet deposits. Period.

    3. She knows you don't like the service animal. If you give her notice, she could rightly sue for discrimination based on her disability. Don't do it. If you have another legitimate reason to not renew, use it. Just don't use the animal.

    Emotional support animals are a sham. I estimate over 90% are people that classify their pet so they can sneak it into places they normally couldn't. Service dogs cost up to $25,000 but emotional support animals could be any type of animal with zero training, which is typically the case. If they required emotional support animals to be trained and certified like any other service animal, you'd see the numbers drop to almost zero.

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  • Russell BrazilBusiness Member
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    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    7y

    No you can not charge any fee. No you can not give notice to vacate.

    A service dog is no different than a wheelchair. Think of it in those terms. Could you charge a person in a wheelchair extra to use their wheelchair or give them notice to vacate for the wheelchair.

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  • Ramon Pena Alvarado
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    Denver, CO · Member since 2016 · 8 posts · 0 votes
    7y

    Thanks ..Russel and Nathan

    Hey....This tenant is now on month to month. As long as I give a proper and full 30 day notice to vacate, and not even bringing  the service dog into the equation, do you feel she would have cause to sue me?   Somehow I feel she's just aching for an excuse to see me in court. 

    (Im fully aware that I do not have to give any reason for the 30 day vacate)

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