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Updated over 4 years ago on . Most recent reply

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Horacio Gutierrez
  • Rental Property Investor
  • Downey, CA
25
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Emotional support dog after tenant move in

Horacio Gutierrez
  • Rental Property Investor
  • Downey, CA
Posted

Hello,

If my rental contract said no dogs allowed which tenant agreed to and later on a few months after the tenant moved in decides to get a emotional support dog because of the coronavirus, can they do that?

Most Popular Reply

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Jerel Ehlert
  • Attorney
  • Austin, TX
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Jerel Ehlert
  • Attorney
  • Austin, TX
Replied

There's a strong interplay between state and federal laws. Sure, like any system some will seek to abuse it but some are legitimate. Under federal law, the current system requires reasonable accommodations. For example, you are not required to accept animals that are prohibited under your insurance policy. That leaves out what your insurer considers "dangerous breeds". 

HUD put out this guidance January 2020 (a PDF). In some cases, federal supremacy will trump state laws, but you need to check with your local attorney to verify the current lay of the land.

  • Jerel Ehlert
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