Getting asked about a companion dog for existing tenants

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Getting asked about a companion dog for existing tenants

Garen T.
Vendor 路 Vancouver, WA 路 Member since 2017 路 65 posts 路 31 votes

Received an e-mail this morning from my existing tenants. They have been there for 2 years and I allowed them 2 cats for which they had doctor notes for as companion animals. 

The letter today had the following elements. 
A tenant who has been there for over a year struggles with PTSD 
A companion dog would be a help. 
They would like a small breed dog like a Chihuahua 
They say that have training for dogs and can train the dog to not bark or be destructive
They say that he does have a medical allowance to have a companion dog


Questions I have. 
Am I legally obligated to let them have a dog?
Is a chihuahua really a companion dog? 
Can a dog be trained not to bark or be destructive (I've had dogs, I love dogs, I think dogs are great, but I think saying that they can train a dog not to bark shows to me that they don't have much training experience with dogs)
Can I let them do this, but charge a monthly fee and make it worth it? I know this is a valid strategy that is discussed here. 

This is a duplex and if the dog does bark, I'm sure I'll get complaints from the neighbors. 

Thanks!!

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JD MartinBusiness Member
Moderator
Rock Star Extraordinaire 路 Northeast, TN 路 Member since 2015 路 10k+ posts 路 16k+ votes
4y

1. I guess the cats weren't working for the PTSD 馃檮

2. Maybe.

3. Yes but some breeds are much more difficult than others. Chihuahuas are a very difficult breed.

4. An ESA you won't be able to charge for.

5. I would not renew their lease when it expired. They sound like animal hoarders and are better off buying their own property. We have a limit of 2 animals in any property.



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  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire 路 Northeast, TN 路 Member since 2015 路 10k+ posts 路 16k+ votes
    4y

    1. I guess the cats weren't working for the PTSD 馃檮

    2. Maybe.

    3. Yes but some breeds are much more difficult than others. Chihuahuas are a very difficult breed.

    4. An ESA you won't be able to charge for.

    5. I would not renew their lease when it expired. They sound like animal hoarders and are better off buying their own property. We have a limit of 2 animals in any property.



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  • Adam Martin
    Rental Property Investor 路 Member since 2020 路 1k+ posts 路 1k+ votes
    4y

    This is a tough one but I think you may be stuck with it.  All dogs are companion animals that鈥檚 why we have them but this is a medical loophole they are already using with the cats.  Look on the bright side though this is about the only dr out there not prescribing esa pitbulls so at least that鈥檚 a win.  I would hold them to the training and remind them that neighbors have a right to quiet enjoyment just as they have a right to an esa.  Keep the lease m2m and if it doesn鈥檛 work out terminate.  You cannot legally charge more but they are not due a discount either make sure you are at market rent but no pet rent or deposit.  Personally I鈥檇 be more worried about the cats and the damage their stink can cause than a small dog.  

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  • Colleen F.Pro Member
    Investor 路 Narragansett, RI 路 Member since 2013 路 8k+ posts 路 4k+ votes
    4y

    @Garen T. so they have two cat ESAs and they want a dog ESA.  I don't think any law requires you to allow more then one ESA per individual.  On the other hand I don't think there is a law that says they can't have more then one.  You will be judged on whether this is a reasonable accommodation if it were to go to court so tread lightly on this one.  I would let them know by law you can't say no to an ESA however your policy would generally consider that a single person would need a single support animal. I would make that a written policy going forward. I would not renew their lease. 

    1. You are legally required to make a reasonable accommodation. The question is will the judge consider it reasonable 2. yes, a chihuahua could be an ESA. no there is no gaurantee on a dog 4. you can't charge.

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