Emotional Support Animals in a rental property LEGAL Question

Emotional Support Animals in a rental property LEGAL Question

Investor · White Haven PA · Member since 2014 · 363 posts · 221 votes

I have a rental questionnaire that asks if the tenant has any Pets, Any Service animals or any Emotional support animals that will be living in the property. The tenants sign the application states that everything is true and correct under penalty of perjury.  I understand all the laws and rules for ESA and service animals. My question is if a tenant fills out an application and lies about having an Emotional support animal then I later find out after accepting their application they do have an ESA can I reject them as tenants for lying on their application under penalty of perjury? I would not deny a tenant that has a service animal or a ESA but I feel that lying on a legal application that clearly states it's under penalty of perjury is clearly someone I don't want to be in a business (landlord/tenant) relationship with.

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  • JD MartinBusiness Member
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    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 17k+ votes
    6y

    You don't have the sanctioning right to accuse someone of perjury. That term only applies to government (generally courts) use. So the quick answer is no. Now if you want to claim to reject their application based on misrepresentation, that is another issue entirely. You can do anything you want if you don't mind defending your actions if suit is brought against you. Whether you can reject based on lying on that question depends on your jurisdiction. 

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  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    6y
    Originally posted by @Ray Slack:

    I have a rental questionnaire that asks if the tenant has any Pets, Any Service animals or any Emotional support animals that will be living in the property. The tenants sign the application states that everything is true and correct under penalty of perjury.  I understand all the laws and rules for ESA and service animals. My question is if a tenant fills out an application and lies about having an Emotional support animal then I later find out after accepting their application they do have an ESA can I reject them as tenants for lying on their application under penalty of perjury? I would not deny a tenant that has a service animal or a ESA but I feel that lying on a legal application that clearly states it's under penalty of perjury is clearly someone I don't want to be in a business (landlord/tenant) relationship with.

    Yes, you can deny an application for being incomplete or false.

    The statement you're using is too formal and probably not correct or enforceable. You should consider speaking with an attorney or just write a very simple statement that is clear: "If your application is incomplete or presents false information, your application may be denied."

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