Rental Property Investor · Corvallis, OR · Member since 2018 · 840 posts · 1k+ votes
I have owned and operated properties since 2007, and have always had a NO smoking and NO pets policy. As of late, I am getting a lot of requests for needing a "service animal" or "therapy animal". I don't know if this varies from state to state, as I live in Oregon, but it feels like people of finding the legal workaround the no pet policy
Obviously, if someone needs this therapy animal, I can fully appreciate it. But, why bring it up right after you get approved, or be sneaky later on? Anyone else have knowledge about this, or does it vary from state to state? Oregon seems to be "animal" friendly. Thank you!
In my for rent ad I ask "How many animals?" in addition to some other specific questions like How much do you smoke? They need to answer the questions to get a response from me.
I am animal-friendly where possible, but don't do surprises. If they weren't truthful when they answered my questions in the ad or during pre-screening, then I can reject based on that and it's no longer a pet or animal issue.
Folks need to have an animal policy these days, not a pet one. Therapy, ESAs and comfort animals are not pets.
@Leo Poon I have learned recently that for “therapy animals” they do not need any paperwork at all now in Oregon, just their verbal to you. Its amazing how laws are slanted in the direction of tenants, and not the property owner.
Wow that's crazy!
In Hawaii they need a letter from a "qualified" source (which, as explained to me during the last national association of real property managers seminar, could be their doctor, phycologist, or even their divorce lawyer lol almost anyone can write the letter!) for ESA ( actual service animals are another story, and require much stricter guidelines).
I just found out one of my tenants has a dog because when I knocked to serve him his 5 day notice to pay or vacate I heard the dog bark. I reminded him the lease states that having a pet is a breach of the lease, he said it's a support animal, but never provided the proof he promised to send. I'm not evicting him for it yet, since he paid his rent... but I certainly am keeping it as ammunition in case he gives me any trouble!
On the other hand I currently rent my primary residence (until I move into the house we've been building, which will be done in 2 weeks) and I have two small dogs that are "emotional support animals" so I see both sides. BUT: I told the Realtor about our small well behaved dogs the very first time I called about the rental (before we moved in, before we even scheduled a showing) and let her meet them before hand so she could see how well behaved they are. So I was completely transparent, and we were still chosen as tenants because we have excellent credit, good income, plenty savings, and perfect references.
As a dog lover, I want to encourage people to rescue animals from the shelter. But we do need a better system, and there's no excuse for tenant to deceive landlords. But on Maui, it's gotten to where there is no where to live that will allow a dog... so we do need a balance. But lying about your dog is not the answer.
@Todd Powell I've encountered that a few times in recent years. I generally ask for a doctor's prescription or documentation stating that the animal is needed. I then charge a $300 pet deposit and a $50/month pet fee. Not to mention, I inspect the unit once every month to make sure the critter isn't causing any damage.
@Todd Powell
You’ve hit upon the newest cause dejour. From rentals to airlines. You should research the exact State verbiage but you stated you were in Oregon. Forget it. It’s probably as liberal an interpretation as anywhere. Complaints, real or imagined, will bring you to a civil rights body. Possobly causing you to pay fines and legal fees. Generally there is no objective interpretation of type or extent of need. Anything goes and no MD required for proof.
The reason they wait for approval is that if they disclose a therapy pet early in the competItIve process then there is room for you to pick the “best fit” thereby possibly denying the pet owning tenant. A denial afterwards offers them an easy complaint placing you on the defensive no matter how bad a tenant they become.
I would speak to your attorney to see if prior disclosure of therapy animals is legal. I would bet, given the climate, that asking might be a form of discrimination itself. Welcome to the club.
@Brad Braun I think you hit the hammer on the head for me. @Vonetta Booker My issue is that I took crappy buildings and made them perfect, maybe too perfect! And, I have bought many properties where animals destroyed the properties and once you get that piss on the floors, its underneath the sub floor. I have brand new floors that I already primed underneath. That's really my issue. I have one landlord that could not get rid of the ESA fleas they tracked in. The new tenants even moved out due to the animal smell that didn't go away and the fleas! I do not dislike animals personally, but I do inside my units when and if they have issues, and on my brand new bedroom carpets, those pee stains are always with you no matter how you shampoo! Ever pull up old carpets and see the gross stains?
And @Account Closed you have got that right. I am 80 miles south of the libtard Portland city, but not far enough as I am around all liberal entitling tenants in my city! I am far from a slumlord, just the opposite, but they want it all.
While I am not licensed in Oregon, my thoughts are that you are navigating a mine field with this issue. In this day and age, just about anyone can sue just about anybody for just about anything. They may not win, but they can make your life quite unpleasant and wind up costing you some money.
Of all the ideas posted on this thread, I like the ones involving conducting regular inspections and promptly repairing any damage and promptly billing your tenants for said damage (in accordance with the terms and provisions of your lease. That way you can't be accused of discriminating against anyone (because you won't be).
@Stanley Bronstein, make the monthly inspections a service (AC filter change perhaps) and you'll even get happy tenants. Besides, a good tenant should appreciate a maintenance proactive landlord right?
@Todd Powell
I’m one of those doctors supplying the letters. Service pets are legit, but I’d say AT LEAST 70% of comfort pets are BS. There is such abuse in this area I now refuse to do them. When I have done them in the past, I always write that the person is responsible for any pet deposits and other fees after they agree to this.
As a landlord, I have not had this come up, but I personally would start a paper trail and contact an attorney. The possible pain involved dealing with the wrong entitled person is worth spending the money on a lawyer.
We have similar situation and it is obviously being abused. It has reached the point that I never accept any applicant with any form of "support" animal. I always keep screening and will find a more qualified applicant to allow me to inform them the unit has been rented.
I key is to not make a big deal about them having a animal and make it clear they are more than welcome. This avoids drawing any attention to the issue when they are not accepted. Unfortunately this means the legitimate cases are rejected along with the fakes. This is the unfortunate outcome of abusing a privilege.
Tenants that bring in animals after moving in are a bigger problem. The only solution I have found is to creatively motivate the tenant to realise they would prefer to live elsewhere. Again not making a big deal about the animal when you discover it is essencial.
@Thomas S. how about putting in a paragraph in your lease that states something like "Any changes to the occupants of the property must be preapproved by the landlord prior to their occurrence. Any adult must undergo a criminal and credit check and be approved by the landlord prior to occupancy. Any minor child, either by birth, foster child or through adoption or guardianship must be approved by the landlord and identified in the lease prior to occupancy. Any animal, whether pet, service, or support, must be approved and identified in the lease. As part of approving an animal occupant the tenant and landlord will identify locations for items such as food and water dishes, areas for bodily functions to not harm grass or other vegetation, specific areas within the property and home that the animal can occupy. Failure to follow the preapproval process WILL result in a termination of the lease and your tenancy. Please allow adequate time to process changes in occupants in your planning."
I have a property in Round Rock, Texas, just outside of Austin. Applicant had 3 big dogs, all 3 aggressive breeds, one of them a pit bull. He submitted a letter from a psychologist "recommending" the dogs for his therapy. Not a prescription, just "recommended."
My Property Manager insisted on a prescription. The applicant went nuclear. Persuaded the local HUD office to threaten to sue. Posted nasty reviews all over social media. No way can I fight that. He's in the house now, and I'm crossing my fingers hoping he doesn't do any damage.
Is it a scam? I don't know. But it sure feels like a minefield, not knowing exactly what documentation is required, and not being allowed to protect myself against pet damage.
Pet Screeners is a great company to help with this. Depending on your state -- in Ca I've been advised by my Attorney, that if they say it is -- then it is. Once they say it is you can't charge extra security or rent. NOW PetScreeners can screen them, and the charge is to the tenant. If the animal is a service animal - there is no charge... Check them out.
I only use month to month leases. If I am surprised by a tenant, it does not take long to remedy the situation.
Silly. Use 12 month leases. If you’re “surprised” in a way that violated the lease, evict them. The amount of deposit we keep from people leaving early or relet fee (or reduction in amount of turnover) is well into 6 digits.
I'm setting a lot of doom & gloom on this thread re ESAs... but as a landlord who isn't adverse to allowing pets in the right situations, I'm wondering why this is seen as such a negative thing? ESA owners still have to uphold maintenance guidelines like other tenants -- and ESA or not, if their pets damage the apartment in anyway, they pay. What's the difference between an irresponsible tenant that owns a pet vs one that doesn't? Holes in the walls or cat piss --the potential for damage & neglect is still the same.
Personally? I don't mind allowing pets at all under the right circumstances and upfront lease guidelines -- it opens my pool up to that many more qualified tenants!
I allow pets. But this still sounds like a blue state dystopian nightmare to me.
It’s not an issue of “I accept pets so why do you care”? I care because it’s my damn property. Not the governments. If I don’t want people with pets, then I should be allowed to make that rule. Maybe I have a tenant who allergic? Maybe I just don’t like them. Maybe I don’t want to give a reason?
Again I allow pets but I’m FRIMLY against the law telling me I have to accept them.
This topic bring the very bad experience back. Be brave and this type of sneaky people will disappear and they are too cheap to pay for a dog fee. They sick but created a story that the dog is for a sick one.
I've seen it too. It's happening across college campuses as well. Apparently dorms are now filling up with pets because every student claims they have anxiety and need their pet with them.
http://www.tenantresourcecenter.org/esas: "Should I tell a prospective landlord about my ESA when I'm applying for a rental home? ... Here's a possible series of steps you might follow:
Apply for housing, without mentioning your animal. (Laws do not require tenants to disclose ESAs or service animals when applying for housing).
Once you have proof (preferably in writing) that you're accepted into the rental home (and not denied for other, legal, reasons), send the landlord a letter saying that you have an ESA, with your documentation.
If, at that point, you are denied, you could take a number of steps: file a complaint with Fair Housing, file a complaint with your local government, write a letter asking for the reason for the denial (the landlord doesn't have to give you one, but it's helpful to understand their reasoning if they are willing to give you a reason for denial).
Generally, it helps to tell the landlord that you have an ESA or service animal before you move in, so that if they have a legitimate reason to deny your ESA (listed above), then you can work out those reasons before you are relying on them to provide you with housing."
Regardless, I think one of the easiest ways to prevent the ESA lies is to just allow pets and have a very strong pet policy. I would start (and am going to) by:
Updating application to ask: "How many animals will be living with you?"
Request documentation of vaccine records to ensure the animal is vaccinated in accordance with state and local laws. They have to be vaccinated no matter what, and I think you can deny if they aren't (confirm with a lawyer or see bullet #5).
If you can, request a letter from a professional that the animal is needed as an ESA. Unfortunately, people can literally buy these letters online (esadoctors.com is one...), but it's one extra hoop to go through.
Have a very strong pet/animal policy for those that are honest about their pets and charge a good but fair amount for pet rent.
The main point though is that by allowing pets you eliminate the need for people to lie about their pet being an ESA. If they can apply comfortably knowing that their pet will be allowed, then that gives you better ability to vet the animal without fear of fair housing violations. Then you can choose between applicants accordingly and pick whomever best qualifies.
In Alabama the only pet you have to approve is a service dog. I say dog because if you read the law only a dog can be a certified service animal, but we are a very landlord friendly state! You are right this is abuse by many to just get around the rules. It is sad because it clouds the legitimate needs of a few for the wants of many! Leo Poon, love your analogy!
@Leo Poon I have learned recently that for “therapy animals” they do not need any paperwork at all now in Oregon, just their verbal to you. Its amazing how laws are slanted in the direction of tenants, and not the property owner.
Yes, that is definitely a more favorable term for the tenant in Oregon. But can you charge more deposit for covering damage or stains that might be caused by the "therapy animals"?
Leo, if you have an animal policy you can control therapy animals in your units. For example, just because they have a note saying their horse is a companion animal, or their raccoon is a companion raccoon from a doctor, does not mean you have to let it into the building. There are certain "therapy" or "companion" animals that are not appropriate to live in a specific apartment no matter what the doctor's note says. You can reasonably discriminate. Also, the therapy animal has to comply with the rules of the building for pets regardless of whether they are a therapy animal or not.
We have had a few therapy animals we had to kick out because they did not follow the rules of the property (namely dispose of their waste properly or were constant barking)
@Account Closed Don't be too surprised, your laws can change over time as well. We just live in liberal state and I like my properties within a 30 min drive. I am not leaving family and friends regardless of the laws, but they ARE tenant friendly on many fronts, and Portland almost was enacted with laws of 60 day no cause notices where landlords would have to hand them $4000 cash to move out! Look that one up, WOW.
I’m sure this is a noob question, but what restrictions are there on charging different tenants different rents for equivalent units in the same building? Why not just determine what the additional risks and expenses are and charge a higher rent? Just put a clause in the lease specifying how animals increase rates. If you really don’t want to deal with it, just charge a huge fee for animals.
It would be like charging different rates for someone in a wheelchair or a vision impaired person. Charging huge rates if someone is a diabetic or has a disability could very easily get you in hot water.
Consider a therapy/service animal the same as any other medical necessity.
In KC we' have started seeing this as well. Big dogs too. We allow pets, but with a deposit per animal. It's illegal to require a deposit for Service Animals though. I'd be interested in seeing if there are ways to get around this as I don't really care if you have a dog, I just want to refinish the floors afterwards.