Tenant pulls service dog for Pitbull
Longview, TX · Member since 2018 · 38 posts · 12 votes
Tenant pulls service dog for Pitbull
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Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
7yThis is an ongoing problem for landlords. @Nathan Gesner is spot on.
It's important to have a procedure in place for addressing accommodation requests.
- Start by securing appropriate documentation that the tenant actually has a disability, confirmed by a qualified professional. If the tenant doesn't pass that point, all else is moot. [We too don't accept on-line certificates.]
- Then we need documentation that the animal in question can provide the service or assistance necessary for accommodation, specific to the qualifying disability. This is often from the same qualified professional who confirmed the disability.
- Then the tenant must assume responsibility for proper care of the animal and liability for damages the animal may cause. I developed an addendum that covers these terms. [Content of our addendum follows. It's also available for download from the BP File Place Documents]
People who fraudulently attempt to bring their pets into their rental home, in the guise of being a legitimate assistance animal (service animal or emotional support animal), often will drop the attempt as soon as they see I'm not so easily fooled.
Those with real disabilities and a real need for an accommodation appreciate my approach and have no problem providing the necessary documentation and agreeing to the terms of our addendum.
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SERVICE/ASSISTANCE ANIMAL AGREEMENT
(Addendum to Rental Agreement)
The Month-To-Month Rental Agreement (the “Agreement”) dated_______________________ between ________________________________________________________________, as Landlord and ________________________________________________________________, as Tenant
of real property located at _______________________________________________________, is hereby amended to include the following terms and conditions:
The rental agreement specifically prohibits keeping pets and animals without Landlord permission; Tenant agrees to follow these terms and conditions in exchange for permission to keep a specific animal:
Conditions for keeping a service animal or assistance animal [tenant must initial]:
_____ Tenant attests he/she has a confirmed disability as documented by a qualified professional.
_____ Tenant attests that this service/assistance animal provides a necessary service/assistance specific to Tenant’s disability as documented by a qualified professional.
Name of animal: ______________________________________________________________________
Description of animal: ________________________________________________________ (type, breed, color, age)
Veterinarian: _________________________________________________________________________
Emergency Caretaker: __________________________________________________________________
Tenant agrees to:
1.Provide proper care for the animal in accordance with veterinary recommendations or ASPCA (American Society for the Prevention of Cruelty to Animals) guidelines.See www.aspca.org.
2.Not to leave the animal unattended for any unreasonable periods of time.
3.Adhere to local ordinances, including leash, vaccination, and tag/licensing, requirements.
4.Clean up after the animal and dispose of animal waste properly and quickly.
5.Not to leave animal food or water outside the dwelling, as it could attract other animals.
6.Keep the animal from being noisy, aggressive, or from causing any annoyance or discomfort to others.
7.Immediately remedy any complaints that arise from animal behavior.
8.Immediately pay for any damage, loss, or expense caused to others by the animal.
9.Provide animal with regular health care, to include inoculations as recommended by a veterinarian.
10.Spay or neuter the animal when it becomes of age to do so.
11.Arrange for an emergency caretaker for the animal.
12.Maintain adequate insurance to cover claims resulting from damages or injury caused by pet.
Tenant agrees to indemnify, hold harmless and defend Landlord against all liability, judgments, expenses (including attorney fees), or claims by third parties for any injury to any person or damage to property caused by Tenant’s animal.
Landlord reserves the right to revoke permission to keep the animal should Tenant break this agreement or provide false or misleading information.
Landord ___________________________________________________Date __________
Tenant______________________________________________________Date __________
.
36 Replies
- Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes7y
If it really is a service dog, then the breed is a moot point. You can either not have insurance covering it, or find an insurance company that will. Doesnt matter if its a pitbull or a lab or whatever. There are locations where pitbulls are illegal altogether, but federal law trumps local laws. Even in those locations it doesnt matter if its a pitbull.
District Invest Group546 Reviews - Rental Property Investor · Central, FL · Member since 2016 · 950 posts · 821 votes7y
Breed Restrictions
A landlord is permitted to refuse accommodation for a service animal based on breed if allowing the animal would constitute an undue burden. An example might be if the landlord’s insurance carrier would drop his coverage if an animal of a restricted breed were kept on the premises.
https://usaservicedogregistration.com/housing-laws-service-emotional-support-animals/
Don’t have any legal answer. But if this is true you would be exempted from allowing the animal. If you know he is full of it move forward to remove him as a tenant. I would boot a tenant in a second if it was between them and maintaining insurance on a property.
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes7y
There are multiple avenues to approach this.
1. The tenant lied about the presence of animals and then attempted to cover up by claiming they were service animals. If they were truly service animals, the tenant is required to request a "reasonable accommodation" before placing the animals in the home. They failed to do so which is a violation of the lease and I would issue them a written notice that the animals must be removed immediately or he must move out.
2. I don't accept online certificates.
3. Emotional support animals are not permitted in unlimited number. Fair Housing doesn't address this directly but ADA does and I'm comfortable applying the same principal since they are both federal programs dealing with disabilities. What ADA says is that the individual can only have one service animal per disability. In other words, a blind person can't claim three guide dogs. They can have a different animal for different disabilities like a guide dog and a seizure alert dog. In your case, the tenant is probably claiming a single disorder and that both dogs are prescribed for that disorder, which I will not allow.
4. The law requires you to make a "reasonable" accommodation. If the insurance company won't cover "dangerous" breeds then that would require the Landlord to find a new insurance carrier. If that impacts you financially, you can reject the request because it is not reasonable.
I hope HUD gets this issue under control soon.
The DIY Landlord Book4.7248 Reviews - Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes7y
This is an ongoing problem for landlords. @Nathan Gesner is spot on.
It's important to have a procedure in place for addressing accommodation requests.
- Start by securing appropriate documentation that the tenant actually has a disability, confirmed by a qualified professional. If the tenant doesn't pass that point, all else is moot. [We too don't accept on-line certificates.]
- Then we need documentation that the animal in question can provide the service or assistance necessary for accommodation, specific to the qualifying disability. This is often from the same qualified professional who confirmed the disability.
- Then the tenant must assume responsibility for proper care of the animal and liability for damages the animal may cause. I developed an addendum that covers these terms. [Content of our addendum follows. It's also available for download from the BP File Place Documents]
People who fraudulently attempt to bring their pets into their rental home, in the guise of being a legitimate assistance animal (service animal or emotional support animal), often will drop the attempt as soon as they see I'm not so easily fooled.
Those with real disabilities and a real need for an accommodation appreciate my approach and have no problem providing the necessary documentation and agreeing to the terms of our addendum.
-------
SERVICE/ASSISTANCE ANIMAL AGREEMENT
(Addendum to Rental Agreement)
The Month-To-Month Rental Agreement (the “Agreement”) dated_______________________ between ________________________________________________________________, as Landlord and ________________________________________________________________, as Tenant
of real property located at _______________________________________________________, is hereby amended to include the following terms and conditions:
The rental agreement specifically prohibits keeping pets and animals without Landlord permission; Tenant agrees to follow these terms and conditions in exchange for permission to keep a specific animal:
Conditions for keeping a service animal or assistance animal [tenant must initial]:
_____ Tenant attests he/she has a confirmed disability as documented by a qualified professional.
_____ Tenant attests that this service/assistance animal provides a necessary service/assistance specific to Tenant’s disability as documented by a qualified professional.
Name of animal: ______________________________________________________________________
Description of animal: ________________________________________________________ (type, breed, color, age)
Veterinarian: _________________________________________________________________________
Emergency Caretaker: __________________________________________________________________
Tenant agrees to:
1.Provide proper care for the animal in accordance with veterinary recommendations or ASPCA (American Society for the Prevention of Cruelty to Animals) guidelines.See www.aspca.org.
2.Not to leave the animal unattended for any unreasonable periods of time.
3.Adhere to local ordinances, including leash, vaccination, and tag/licensing, requirements.
4.Clean up after the animal and dispose of animal waste properly and quickly.
5.Not to leave animal food or water outside the dwelling, as it could attract other animals.
6.Keep the animal from being noisy, aggressive, or from causing any annoyance or discomfort to others.
7.Immediately remedy any complaints that arise from animal behavior.
8.Immediately pay for any damage, loss, or expense caused to others by the animal.
9.Provide animal with regular health care, to include inoculations as recommended by a veterinarian.
10.Spay or neuter the animal when it becomes of age to do so.
11.Arrange for an emergency caretaker for the animal.
12.Maintain adequate insurance to cover claims resulting from damages or injury caused by pet.
Tenant agrees to indemnify, hold harmless and defend Landlord against all liability, judgments, expenses (including attorney fees), or claims by third parties for any injury to any person or damage to property caused by Tenant’s animal.
Landlord reserves the right to revoke permission to keep the animal should Tenant break this agreement or provide false or misleading information.
Landord ___________________________________________________Date __________
Tenant______________________________________________________Date __________
.
- Member since 2016 · 13k+ posts · 12k+ votes7y
Your tenant is lying, absolutely no doubt. The right decission is to evict. Serve the eviction notice and make him fight it. He will most likely vacate rather than fight a fight he can not win. All the facts are in your favour.
If you are afraid to proceed you will have to live with the situation unti you can non renew his lease. In th efuture only use M2M leases.
- China, ME · Member since 2014 · 3k+ posts · 4k+ votes7y
@Stephen Benson Be sure you dig deep into your LOCAL fair housing laws.
While ADA will have something to say about the issue, your local fair housing / anti-discrimination laws could well be more restrictive.
- Member since 2016 · 13k+ posts · 12k+ votes7y
"local fair housing / anti-discrimination laws could well be more restrictive."
I don't know for certain but I doubt Fair Housing regulations protect tenants that are lying in an attempt to scam the system. Not a fair housing issue or protected by ESS/service animal regulations.
- Longview, TX · Member since 2018 · 38 posts · 12 votes7y@Marcia Maynard thank you for that detailed answer
- Longview, TX · Member since 2018 · 38 posts · 12 votes7yThank you to everyone who has responded some great info to work with my property manager on.
- Investor · Fairport, NY · Member since 2015 · 124 posts · 74 votes7y@Stephen Benson Is the dog a service dog ,or an emotional support animal? I believe it is pretty easy to get a pet certified as an emotional support animal but service dog certification is very rigorous.
- China, ME · Member since 2014 · 3k+ posts · 4k+ votes7y
@Thomas S. You're obviously not familiar with MA landlord/tenant laws. The state views all landlords as greedy overlords who unjustly make their living from the sweat on the backs of the working class.
Whatever you do around here, don't depend on clear-headed logic. It'll get you sued.
Here's what I found on service animals in MA:
Effective March 15, 2011, only a dog can be a service animal. (28 CFR 36.104) An animal of any species can be an emotional support animal, as mentioned in the Massachusetts Attorney General’s webpage on : “Other laws, including fair housing and employment discrimination laws, allow animals other than dogs and miniature horses and animals that do not have training, such as “emotional support animals” if it is a reasonable accommodation for a disability.”
So in this crazy state, only a dog can be a service animal - but you can have a Bengal tiger as an "emotional support animal", and if the tenant claims that it is a "reasonable accommodation", the landlord cannot restrict it.
Welcome to Massachusetts. Please leave your sanity at the border.
- Real Estate Agent · North Andover, MA · Member since 2008 · 20 posts · 4 votes7y
@Charlie MacPherson - just had a client attempt a 'service duck'. Good old Massachusetts.
- China, ME · Member since 2014 · 3k+ posts · 4k+ votes7y
@Brad Brady What's next? A goldfish?
No - I know! It'll be a "support tarantula"!
- Lender · Houston, TX · Member since 2018 · 87 posts · 53 votes7y
@Stephen Benson You cannot deny the dogs at all unless you have evidence of being destructive or aggressive. If they are well behaved dogs then there is nothing you can do except take note that they are there. However, this only applies to dogs that have gone through the proper training and have a prescription from a doctor. The little online certificate will not do by itself he needs to have a prescription along with the correct paperwork for both animals. Unfortunately, I have been to court over this with a tenet and it is not fun. However the tenet lied about the animal so there maybe grounds to have him removed for the breach in contract if you have it in your lease.
- 7yDavid SemerPro MemberInvestor · Lincroft, NJ · Member since 2014 · 169 posts · 32 votes
@Stephen Benson I will start that I am not an attorney or know TX law so I would consult your attorney who going to help you out on this. I did just do some research on this as i have a similar situation but in a multifamily complex in NC.(spoke to a lot of other landlords and attorneys). If this is a single family house and your insurance company will not cover or property manager manages the property for you this to seems like a hardship on you to have to find another insurance company or property management co(was this same property management co with the old owner). While this is a very thin line also because this was an existing tenant you took over it. I would look at it from that angle.
Found this article
Even if a person qualifies for a reasonable accommodation under the statutes, a landlord does not have to waive a "no pets" policy if doing so would cause a great financial or administrative burden, if a "no pets" rule is a fundamental part of the housing program, or if the disabled person is not able to follow general rules of tenancy. However, to date, a landlord has not been able to refuse waiving a "no pets" policy to a qualifying mentally disabled person because of any of the above reasons.
https://www.animallaw.info/intro/emotional-support...
Good luck
- Member since 2016 · 13k+ posts · 12k+ votes7y
@Charlie MacPherson read the original post again. This is not a thread about a service dog. It is about a tenant that obtained a certificate on line and is now lying to keep a pet the landlord does not want. Unfortunately lack of fortitude, based on fear, is the root problem for landlords having to deal with this situation.
The dog is not a service animal and the landlord should take swift action to evict. As I stated the tenant would then be required to prove their case. To do that he will not be able to use a certificate found on line.
As long as landlords continue to operate their business living in fear of the fair housing gestapo tenants will continue to abuse landlords. Regrettably spreading of fear only increases the power of the government.
I also operate in a heavy handed tenant loving state and am not afraid to stand up for my rights. I do not always win but I am not a quitter living in fear.
Welcome to the business. If you want to survive know the law don't fear it.
- China, ME · Member since 2014 · 3k+ posts · 4k+ votes7y
@Thomas S. Go for it. Apply Ontario standards to MA landlords.
Let's all pass the hat to collect attorney fees! You'll need them. - Investor · Jasper GA · Member since 2015 · 1k+ posts · 1k+ votes7y
@Eric
@Account Closed from the link you provided.
Breed Restrictions
A landlord is permitted to refuse accommodation for a service animal based on breed if allowing the animal would constitute an undue burden. An example might be if the landlord’s insurance carrier would drop his coverage if an animal of a restricted breed were kept on the premises.
I have to agree with @Thomas S. I know your state hates landlords but I'd serve him an eviction notice and see where it goes.
- Rental Property Investor · Cleveland, OH · Member since 2018 · 191 posts · 432 votes7y@Stephen Benson this appears to be the new trend
- Whitman, MA · Member since 2018 · 104 posts · 80 votes7y@Marcia Maynard I like that. Also, make sure that the Service animal has been adequately trained by a professional sevrice and tenant will provide documentation copies from that organization as proof. If they can't provide proof then they are lying. My daughter did a school project regarding service animals. It can take up to 2 years to train a diabetes service dog as well as a guide dog for visually impared.
- Investor · New York City, NY · Member since 2017 · 173 posts · 36 votes7y
You are in texas, get them out of your property and find new ones WITHOUT animals period. You can evict them quick in texas, pro landlord state good luck
- Dallas, TX · Member since 2016 · 1k+ posts · 745 votes7y
Originally posted by @Account Closed:
You are in texas, get them out of your property and find new ones WITHOUT animals period. You can evict them quick in texas, pro landlord state good luck
um….you do know the judges you go before are elected correct?
Generally Texas is fairly well understood to be fair with reasonable laws, but I have heard most of the judges you go before are pro tenant, so you need to have ALL of your ducks in a row.
- Residential Real Estate Broker · College Station, TX · Member since 2013 · 1k+ posts · 969 votes7y
Is that Service Ducks in a row or just ducks? (:>) LOL.
- Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes7y
Originally posted by @Marie Fries:
@Marcia Maynard I like that. Also, make sure that the Service animal has been adequately trained by a professional sevrice and tenant will provide documentation copies from that organization as proof.If they can't provide proof then they are lying. My daughter did a school project regarding service animals. It can take up to 2 years to train a diabetes service dog as well as a guide dog for visually impared.
Three animal categories:
- Pets
- Service Animals
- Assistance Animals (ESAs and the like).
Pets - No disability requirement. No restriction on the type of animal. No requirement for training.
Service Animals - Disability requirement. Restricted to dogs. (There is now a separate provision for miniature horses.) The dog must be trained to perform a specific service. Training can be done by a professional organization, professional animal trainer, by the owner of the animal, or by someone else. Common terms for these animals: Guide Dog or Seeing Eye Dog, Hearing Dog or Signal Dog, Psychiatric Service Dog, Seizure Response Dog, SSigDog (Sensory Signal Dog or Social Signal Dog). Most dogs in this category do have formal training and documentation, but proof of this is not required. Federal Law: Americans with Disabilities Act, enforced by the U.S. Department of Justice (DOJ), covers places of public accommodation. See: https://www.ada.gov/service_animals_2010.htm
Assistance Animals - Disability requirement. No restriction on the type of animal. Animal does not require training. The provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks, so these animals are not considered service animals. Common terms for these animals: Emotional Support Animal (ESA), Comfort Animal, Companion Animal, Therapy Animal. Tenants are entitled to the full use and enjoyment of their housing, which includes having guests visit, so this covers the assistance animals of guests too. Federal Law: Fair Housing Act, enforced by the U.S. Department of Housing and Urban Development (HUD), covers places of private accommodation related to housing.
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Landlords must know and understand the ramifications of various federal, state, and local laws related to the provision of housing. Compliance is essential. To curtail discrimination against protected classes, both the DOJ and HUD employ the use of testers (people who pose as prospective renters). The DOJ and HUD also investigate complaints.
What about guests? Under the Fair Housing Act (FHA), a person who is associated with the tenant (such as a guest/visitor) is protected if that person has a physical or mental disability, has a record of such disability or is regarded as having such a disability. If the person's disability and need for accommodation is readily apparent, a landlord can't request any additional information about the disability or the need for accommodation.
If the person's disability is not obvious, a landlord may request reliable disability-related information that verifies the person is disabled under the Fair Housing Act, describes the needed accommodation or shows the relationship between the disability and the requested accommodation. The supporting letter can be provided by a doctor or other reliable third-party. Even though the disability may not be apparent, the landlord is not entitled to ask that the support letter include a description of the nature of the disability.
Will this ever end?
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