Refund pet fee and rent

4 Replies

I rented out my multi-purpose building 2nd floor to a couple about 9 months ago. They signed lease agreement along with pet Addendum. Now they got split and moved out before the lease ended( they have to pay rent until we find new tenants until the lease ends). So we put our upstair on the market.

Suddenly now they asking their pet fee and rent back, saying it’s ESA dog with doctor’s letter..

What a surprise! 

They never disclosed with me regarding this matter up until now.

What should I do?

We've gone back and forth on BP over ESA animals. Everyone agrees it's a phenomenal scam, but not everybody agrees on the best course of action.

I think the long and the short of it is, you'd better get some good legal advice, depending on how badly you want to keep that money.

I agree about the legal advice but it sounds like they should only get the pet rent back from the date the ESA letter was issued. Seems like the deposit could also be prorated from the certification date. This ESA issue really needs to be addressed, it is getting ridiculous. 

Thank you so much for all your responses!

The fact is she never disclosed the information and signed lease and pet addendum. She moved out leaving her so called ESA dog with her boyfriend for many months after split  and now claiming the refund.

If it was her ESA but she wasn't living there then it was the boyfriend's pet.  An ESA is for the person that has the certificate issued to them and the accommodation is made for the person with the ESA.  If she has a letter stating it was an ESA, and that letter is prior to her moving out then she shouldn't have been charged a pet fee or pet rent for the time that she had an ESA and was living there.  Once she moved out and left the animal, it was no longer providing support for her and lost the right to be in the apartment.  She was to take the support animal with her to the new place she was living so it could provide her the emotional support she needed.