“Lettered” Emotional Support...Chickens

“Lettered” Emotional Support...Chickens

Member since 2018 · 156 posts · 106 votes
For those that saw my first BP post yesterday asking if you would allow chickens, and if so, what you would charge for a deposit...I met said applicant today. When I informed her that there would be strict guidelines for any chickens if allowed, and that there would be a deposit (Refundable), she informed me it was illegal for me to charge her a deposit because the chickens are her “lettered” emotional support chickens. Now from what I’ve read, feel free to correct me if I’m wrong, for lease by owner CAN collect a deposit for ESA’s. It is my understanding that it is only illegal if I was using a realtor. In addition to the chickens, she has an emotional support dog, because I guess the chickens give a little something extra the dog can’t provide? Oh, and a run of the mill cat, that provides her no documented comfort. What a day. So for those who said someone wanting to rent with chickens would be more trouble than they are worth, a resounding “you are right” goes to you!
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Member since 2016 · 13k+ posts · 12k+ votes
7y

Be patient and you will find a more qualified applicant or reject her based on your screening standards. Smart landlords can legally reject any applicant.  

I personally will reject any applicant that states they know their rights. Not because they know their rights but because they tend t be arrogant, self centered, and entitled by nature. Telling your potential landlord that you know your rights or flaunting those rights is a form of intimidation. I personally do not take kindly to any applicant that tries to force their rights on me contrary to my standards. Any applicant that tells me how I must operate my business is a automatic rejection.

I do not need drama from tenants. 

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  • Rental Property Investor · Corvallis, OR · Member since 2018 · 840 posts · 1k+ votes
    7y

    @Alyssa K. I feel for you. In Oregon you don’t even need a letter to have any type of ESA and you cannot charge any higher fees for these animals.  It’s tough making your places look nice and tenants have more control of your property than you do. I wish you luck ! 

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    7y

    Be sure if you are declining her (if you are) that it is on reasons other than her ESAs.  

  • San Francisco, CA · Member since 2014 · 345 posts · 281 votes
    7y

    Find a reason, any reason except her pets to reject her.  If you are in California and the tenant has an ESA letter, the tenant is right.  The law is the same whether you use a realtor or not.

    More likely, she’s crazy and will cause you great headaches.  Check references, run credit. Something tells me chicken lady doesn’t pay her bills on time.

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    7y

    FWIW, a tenant knowing their rights does not necessarily mean they are crazy or have bad credit. I am a tenant (yes, I rent even tho I own MF) I know my rights and have no problem staing them if there is a need. 

  • Real Estate Broker · Bakersfield, CA · Member since 2018 · 269 posts · 597 votes
    7y

    The law requires you to make "reasonable accommodations" for an ESA. I think it's quite arguable that accommodating an entire emotional support petting zoo may begin to fringe on unreasonable. The provision is not to allow tenants to run roughshod over landlords without any checks.

  • Member since 2018 · 156 posts · 106 votes
    7y
    @Todd Powell wow! It’s crazy to see how it varies from state to state. This particular house is in Texas. I know I still have a lot to learn as I’m just starting out, but chickens!? I’m just amazed people are getting away with this.
  • Member since 2018 · 156 posts · 106 votes
    7y
    @Mary Mitchell I’m confident her credit will disqualify her.
  • Member since 2018 · 156 posts · 106 votes
    7y
    @Tom V. Spot on. I’m confident her credit will disqualify her. She went as far as bringing a realtor that made mention of being able to sue if accommodations were not made for these chickens. Felt a lot like saying bomb on a plane. This guy isn’t doing her any favors in getting her into a rental, that’s for sure.
  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    7y

    Just be sure you have stated policies and that if you have other rentals those were rented using similar criteria 

  • Member since 2018 · 156 posts · 106 votes
    7y
    @Jeff Cagle I didn’t think I’d need to become well versed this early in the game on ESA’s, but I’m learning quickly that’s not case. The entitlement she showed to the property and ESA chicken demands was astounding.
  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y

    That’s insane . HARD pass ! Only an idiot would rent to such a nutjob . FIND a reason to deny . Just hearing the words lawyer or sue is enough for me to hard pass an applicant . 

  • Rental Property Investor · Upstate, NY · Member since 2012 · 3k+ posts · 3k+ votes
    7y

    & I thought the woman (living alone) threatening to sue me for not putting 6 names (including that of her dead mother) on her mailbox was a little demanding.

  • Member since 2016 · 13k+ posts · 12k+ votes
    7y

    Be patient and you will find a more qualified applicant or reject her based on your screening standards. Smart landlords can legally reject any applicant.  

    I personally will reject any applicant that states they know their rights. Not because they know their rights but because they tend t be arrogant, self centered, and entitled by nature. Telling your potential landlord that you know your rights or flaunting those rights is a form of intimidation. I personally do not take kindly to any applicant that tries to force their rights on me contrary to my standards. Any applicant that tells me how I must operate my business is a automatic rejection.

    I do not need drama from tenants. 

  • Investor · Louisville, KY · Member since 2017 · 199 posts · 253 votes
    7y

    Read up on the laws or contact a lawyer.

    Are you an independent investor with less than three units/homes? If so, you may be exempt.

    Will your current insurance policy cover you for damage to property or if the neighbor trips over said chicken and breaks their neck? And will the coverage be for an amount of 2 million or greater? If not, how much will it cost to buy coverage for said chicken attacking the neighbor and pecking out their eyeballs? It may end up being more than the monthly rent and there in lies an unreasonable financial hardship to the landlord.

    Read everything you can from HUD and your state/local laws.

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

    @Alyssa K. you know in your heart this is a bad tenant. If you are exempt from Fair Housing, tell her to get lost. If you are not exempt, or are not sure, find another reason to disqualify her or find someone else to qualify before her.

    The DIY Landlord Book4.7248 Reviews
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    7y

    @Alyssa K. I would not waste any time on this lady. It sounds like you have shown her the property, so at this point there is nothing else you need to do for this lady. Do not show it to her again. Do not meet her to talk or to get the application from her. If she calls, don't take her call. If she wants to submit an application, provide a way to do this. Ideally have her mail it to you (hopefully you have a PO box for such purposes). Or let her scan it and e-mail it to you. If the realtor contacts you, tell them you don't work with agents and you consider their previous reference to suing you as threatening. Tell the realtor , "I refuse to talk to people who attempt to threaten or intimidate me and I will NEVER talk to you again." If they persist, tell them they are harassing you and block their number. Does any of this sound rude or crazy? Who cares. When they bring the crazy, you need to return crazy back. Nobody wants to deal with a crazy landlord. You can't be sued for being rude - just don't break the law. Your legal obligation is to let her apply, but that is it. 

  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y
    For future reference if the candidate tenant says : “ I know my rights “ “ I’ll ask my lawyer that “ “ I’m entitled to that according to law” “ I went to court over that before“ REJECT THEM
  • Rental Property Investor · Durham, NC · Member since 2016 · 7k+ posts · 7k+ votes
    7y
    @Dennis M. Id like to rent from you. I have an emotional support Komodo dragon. I hope that’s okay. I plan to keep him in your bath tub. Thanks.
  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    7y

    Nothing says you can't ask specific questions in your for rent postings.  All of my potential applicants must answer my questions to be considered as part of my pre-screening.

    Question #2 of my questions all must answer-  How many animals???   Then at least you know what you're getting into and aren't ambushed at the showing (if there is one:).

  • Member since 2018 · 16 posts · 7 votes
    7y
    @Alyssa Kroeker. Ok I was trying to include the picture but couldn’t. These would be the statues for details. I can not imagine chickens qualifying. But who knows... Fair Housing amend act of 1988. There’s some more numbers if you need them “Qualify for no pet housing without being charged a pet fee” ESA emotional support animal- I believe she’d have to have one “license, letter or registration per animal. Not sure if that helps Mine has pups name, breed, state and a reg number on it. I think the site to look it up on is the ada.com Marci
  • Specialist · Louisville, KY · Member since 2017 · 166 posts · 154 votes
    7y
    @Alyssa Kroeker Thankfully, 825 credit and and income of 12x the rent are what is required to rent that particular unit 😉
  • Specialist · Louisville, KY · Member since 2017 · 166 posts · 154 votes
    7y
    @Dennis M. Someone who comes out swinging over “knowing their rights” is, to me, the mark of a professional landlord and property abuser.
  • Investor · Riverside, CA · Member since 2014 · 239 posts · 177 votes
    7y
    @Alyssa Kroeker Res flag city. If I had a tenant applicant tell me that that it’s illegal and arguing before even being accepted (even if the tenant is right) I’d find anything legally to deny them. That will be a detrimental long headache id avoid like the plague.
  • Investor · Riverside, CA · Member since 2014 · 239 posts · 177 votes
    7y
    @Alyssa Kroeker @Thomas S. Said it perfectly.
  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    7y

    What are the local requirements to have chicken? In the City of Atlanta, they have to be kept 25' from the main house and at least 50' away from a neighbor's property.  Since many intown lots here are 50' wide total, many properties wouldn't qualify to have chicken anyway. 

    So, see what the local laws are. While 'service animals' are not seen as animals, I wonder, if emotional support animals would still qualify as animals. If so, get a letter from the city, stating that emotional support chicken still fall under the local chicken law.....and if your property doesn't qualify, then that's not your fault. 

    And isn't your cousin planning on moving into that particular house? 

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