Are all tenants responsible for Emotional Support Dog violations?

Are all tenants responsible for Emotional Support Dog violations?

Member since 2018 · 42 posts · 4 votes

My three bedroom unit has three tenants, and as of earlier this week one of them now has an emotional support animal (proper documentation was provided).  I had all three tenants sign the addendum to add the dog, however moving forward are all three still liable for any damages or violations related to the dog?  The lease states that the tenants are jointly and severally liable, however I am unsure how that pertains to any damages/issues the dog may cause.

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Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
6y

I would hope so.  Maybe one of them throws the ball and the dog scratches the wood floor or the ball goes through a window.  Maybe one locks the dog in a room and it chews and claws the drywall and door frame.

You are not there, so you do not know who lead the dog to do the damage, and you do not want to be in the middle.  

The tenants can decide on their own if they want a different agreement such as the dog owner pays them for any damages assessed against them due to the dog.

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  • Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    6y

    I would hope so.  Maybe one of them throws the ball and the dog scratches the wood floor or the ball goes through a window.  Maybe one locks the dog in a room and it chews and claws the drywall and door frame.

    You are not there, so you do not know who lead the dog to do the damage, and you do not want to be in the middle.  

    The tenants can decide on their own if they want a different agreement such as the dog owner pays them for any damages assessed against them due to the dog.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    @Wade Penner  I agree with Lynette.  Having a pet in the house, even if it is an ESA, doesn't mean they can do whatever.  Owners are responsible for their pets and any damages.

  • Member since 2018 · 42 posts · 4 votes
    6y

    @Lynnette E.@Theresa Harris That makes sense, thanks for the feedback!

  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    6y

    If the tenants are on the same lease, they are all 100% liable for each other. If Tenant A brings in a dog and that dog trashes the place, Tenant B and C may also be held liable for the damages.

    As others have said, the law requires you to allow an ESA but the tenant should still follow rules by keeping it under control, cleaning up after it, immediately repairing damages, etc.

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