Potential tenant cliaming their 2 dogs are emotional support dogs

Member since 2019 · 3 posts · 0 votes

First time landlord and I've got this couple applying that are telling me their 2 dogs are emotional support animals and that they don't need to tell me about them and don't need to pay a pet fee. I found an article saying a bill passed in michigan claiming landlords can request a notorized letter from a healthcare provider backing up their cliams of their pets being an emotional support animal. I was wondering if anyone knows anything about if I'm allowed to request that info or if that violates a law. Also the couple used to live in chicago where they're apparently involved in small cliams over destroyed carpeting and they didn't provide me with that landlords info. Any help would be very appreciated.

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Joel Case

Rental Property Investor · Ocean Springs, MS · Member since 2022 · 349 posts · 301 votes

They sound dreamy! Good thing they failed to give you all the required information for the application, denied.

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Joel Case
Rental Property Investor · Ocean Springs, MS · Member since 2022 · 349 posts · 301 votes
3y
They sound dreamy! Good thing they failed to give you all the required information for the application, denied.
14 Reply
Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
Just pass on them. You can always say someone else qualified first. If you do want to take a chance, yes you can ask for the letter from a legit therapist that says they need an ESA. You can still deny ESAs for a number of reasons though.
1 Reply
Alex L.
Rental Property Investor · Youngstown, OH · Member since 2023 · 128 posts · 124 votes
3y
The fact that they wouldn't provide the previous landlord's info, on top of simply even being involved in an ongoing claim for property damage, would be an instant hell no from me. The icing on that hell no cake is the potential tenant telling you that they don't have to pay a pet fee because their dogs are ESAs.
I have no problem with people having ESAs, or simply even having pets as long as they're well-behaved. What I do, in fact, have a problem with is a know-it-all tenant with no tact telling me what I can and can't do. There's nothing worse than an entitled individual, tenant or not. I'm pretty sure that landlords across the board can request a letter from a health care professional, but anyone can buy one of those letters online for like $40 so it's not worth wasting your time even asking.
11 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
3y
I'd pass given the small claim's court. Wait until you have it filled and simply tell them you had a number of applicants and rented it to someone else.
2 Reply
Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
Quote from @Alex L.:

What I do, in fact, have a problem with is a know-it-all tenant with no tact telling me what I can and can't do. There's nothing worse than an entitled individual, tenant or not.
Yessir. And there you have the current state of our society.....

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Edward Zachary Samperio
New to Real Estate · San Antonio, TX · Member since 2021 · 110 posts · 58 votes
3y
As a landlord, you have the right to request documentation that confirms an individual's need for an emotional support animal. This includes a notarized letter from a healthcare provider, which you mentioned in your post. This documentation is necessary to ensure that the animal is not simply a pet, but is actually providing support to the tenant.

It's important to note that under the Fair Housing Act, you cannot charge an additional fee for an emotional support animal, as they are not considered pets. However, you can require that the tenant take full responsibility for any damage caused by the animal.

Regarding the couple's previous small claims case and failure to provide information about their previous landlord, this could be a red flag. As a landlord, you have the right to conduct a background check on potential tenants to verify their rental history and check for any criminal or civil issues. It's important to thoroughly screen potential tenants to avoid any future problems.

Overall, I would recommend requesting the necessary documentation for the emotional support animals and conducting a thorough background check before making a decision on whether to rent to this couple.
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Adam Martin
Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
3y
The portion I struck through for the most part does not matter and cannot be used to determine if someone qualifies for rent. While you may not like the presentation they are right that they don't need to pay a pet fee and you are also right that they must verify the ESA and claim it however there is nothing you can do if they don't. I recommend petscreening.com to do this screening for you, it is part of my application process for an ESA and the application is not complete until their documentation has been verified. I do not agree with the rules but they are what they are and it is a known risk in our industry. That said focus on what I didn't strike out, if this is a no go under normal screening then the animals do not come into play. I do not accept anyone with a claim or judgement from a previous landlord so no real need to even discuss the ESA and possibly get yourself into hot water.
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Adam Martin
Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
3y
Quote from @Adam Martin:

The portion I struck through for the most part does not matter and cannot be used to determine if someone qualifies for rent. While you may not like the presentation they are right that they don't need to pay a pet fee and you are also right that they must verify the ESA and claim it however there is nothing you can do if they don't. I recommend petscreening.com to do this screening for you, it is part of my application process for an ESA and the application is not complete until their documentation has been verified. I do not agree with the rules but they are what they are and it is a known risk in our industry. That said focus on what I didn't strike out, if this is a no go under normal screening then the animals do not come into play. I do not accept anyone with a claim or judgement from a previous landlord so no real need to even discuss the ESA and possibly get yourself into hot water.
Also just a hunch but by chance are either of these 2 ESA's pit bulls because they all seem to be around here.

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Eliott Elias
Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes
3y
If no paperwork is shown they are not ESA's.
0 Reply
Richard F.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
3y
Aloha,

You do not want to "shoot from the hip" on responses to potential Fair Housing issues. You need to establish a set of "reasonable" rules for Assistance Animals, and put them in writing so you can provide to anyone that inquires. The "allowable" questions you can ask (there are only two) are fairly specific, so you should research the HUD guidance to become familiar. I personally do not believe you can require "Notarized" documentation regarding the need and the specific purpose of the animal, but you can require "reliable" sources for that documentation. In my opinion, if someone has lived in current location for more than one year, why would they provide documentation from someone several states away? That would not be "reliable" to me. I want to see a local office address and phone, with locally licensed medical or otherwise documented professional. You cannot obtain ANY additional info by contacting that professional, but you can confirm they signed the "Request for Accommodation".

It is generally reasonable to require a Veterinarian's report on the animal; require the animal be spayed or neutered unless contraindicated by the Vet; must be leashed or in a carrier in hallways/stairwells/elevators or other confined spaces unless that interferes with the tasks the animal performs; handler must clean up after the animal in common areas and ensure no offensive odors emanate from their residence; animal cannot be aggressive toward others, or cause disturbance with barking or other noise that is not an element of their purpose; and tenant must update the "request for accommodation" and Vet report annually.
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Doug Eric Gueirn
Member since 2023 · 26 posts · 6 votes
3y
Bake the pet deposit into the rental deposit. You know you will be able to keep it all when they leave
2 Reply
Dan H.Pro Member
Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
3y
Quote from @Alexander Goodson:

First time landlord and I've got this couple applying that are telling me their 2 dogs are emotional support animals and that they don't need to tell me about them and don't need to pay a pet fee. I found an article saying a bill passed in michigan claiming landlords can request a notorized letter from a healthcare provider backing up their cliams of their pets being an emotional support animal. I was wondering if anyone knows anything about if I'm allowed to request that info or if that violates a law. Also the couple used to live in chicago where they're apparently involved in small cliams over destroyed carpeting and they didn't provide me with that landlords info. Any help would be very appreciated.

This is simple, without LL reference they do not qualify. The ESA does not come into play so there is no potential FHA claim.
Move to next qualified tenant.
For other potential tenants, you will want an ESA policy. Learn the laws regarding ESA for your jurisdiction realizing that if the are in excess of FHA policy they may not be legal but the potential tenant does not need to know this.
Next use PetScreening.com and have an application fee. PetScreening.com is supposed to eliminate some bogus ESA certificates but it is my experience that they do not do a good job of noting bogus ESAs. However, if the prospective tenant believes they do a good job catching bogus ESAs, the potential tenant will apply elsewhere that does not do ESA screening.
In my jurisdiction, there is a statewide law that intent is to eliminate bogus ESAs. In my post for the unit, I reference this law and indicate that we use PetScreening.com. We have had few issues with bogus ESAs as it is simply easier for the tenants with bogus ESAs to apply elsewhere than apply for our units, pay their application fee, and risk PetScreening.com rejecting their bogus ESA certifications.
Good luck
2 Reply
Glen Wiley
Investor · Richmond, VA · Member since 2023 · 459 posts · 474 votes
3y
I always do a background check. Any judgements or evictions and they are not candidates as tenants. The support dogs aren’t relevant here, never rent to someone who has ripped off a previous landlord.

4 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
I agree with others. You can't outright reject the ESAs, but you can reject the applicant for not providing a complete application. Let them know they don't meet your criteria, then block all communication.
For the future, you should educate yourself on ESAs and service animal law, set a policy, and be prepared to treat everyone equally. Here's the HUD guide: https://www.hud.gov/sites/dfil...
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Patricia Steiner
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
3y
What starts out crazy, ends crazier. ESA is not the issue...it's the people who start off telling you what they don't have to do which is part of your criteria that is. I would thank them for their interest but you are still processing applications and are unwilling to discuss specifics or make a selection until that process is over. Hold out for a quality tenant who doesn't start the process out by telling you what they won't be doing.
8 Reply
John MorganPro Member
Rental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
3y
This is a hard pass for me. And they sound like they’ll be a pain. I avoid these types of people at all cost.
1 Reply
Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
Quote from @Patricia Steiner:

I would thank them for their interest but you are still processing applications and are unwilling to discuss specifics or make a selection until that process is over. Hold out for a quality tenant who doesn't start the process out by telling you what they won't be doing.
This right here! Every new landlord should co[y this and put it in their tenant files....

2 Reply
Cathleen Ohannigan
Investor · cary, NC · Member since 2008 · 27 posts · 7 votes
3y
@Alexander Goodson I would not rent to them
0 Reply
Steve Vaughan
Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
3y
How many animals is the 2nd question in my ad. I wouldn’t have responded to them so they wouldn't know who to tell their story to or seen the dwelling or applied. Next!
0 Reply
Ralph Noack
Rental Property Investor · Lynden, Ontario · Member since 2017 · 90 posts · 19 votes
3y
I agree with Bruce Woodruff. As for us, we only offer pet-free units in our portfolio. Now, nothing in my jurisdiction (Ontario, Canada) stops a tenant from acquiring a pet or 5 after they have moved in. But if they are a nuisance to me or anyone else I have to deal with it. But as we only offer Pet-free units, we have had loads of potential tenants tell us that their pets are emotional support animals. Personally, I don't believe a single one of them. They are basically starting off our relationship with a lie. That's a hard pass. I'll wait 6 months for an honest applicant before I take on a full-on liar. What's to trust in a relationship if this is how it starts? You have all the power before your tenant moves in by picking your tenants wisely. Depending on how tenant-friendly your jurisdiction is this is your only hope. For me, I lose a lot of power once my tenants are in so I use all my power before they move in. My tenants are trained from day one to operate under my conditions. I'm not a landlord under their conditions. These people will be trouble forever. Once they know you're a pushover, it won't stop.

**This is important** You don't need to lie to them about it. You don't need to be the same as them, stooping to their level. Hold your head up. You expect honesty from them, be honest in your dealings with them. Does it make sense to lie to them if you are upset about them lying to you?

Figure out what you want in your business. Just move on to other applicants. If they inquire or ask for an update, you can simply & honestly say that you haven't chosen a tenant yet (if that's true), and if you have no intention of taking them on as a tenant, you are free to say that they haven't met your requirements for successful tenancy. You don't need to go into it. But if you do, be kind & professional, not judgmental or accusing. And if they pressure you, that's a great indicator that you need to move on.

Don't take it personally either. That's an easy trap. This is business. You're not in this to make friends. You're here to make money, but in a professional manner. And we know that's the case, because you came to Bigger Pockets Forums to resolve a professional question. Dirtbag landlords don't care about this stuff. People of integrity do. Congratulations on being a person of integrity. Hold your head up high. Conduct yourself in manner worthy.
1 Reply
Nicholas L.Pro Member
Flipper/Rehabber · Pittsburgh · Member since 2018 · 6k+ posts · 5k+ votes
3y
Hire a property manager and let them worry about all of this
They only send on tenants that pass ALL screening criteria, in accordance with all applicable law
Problem solved
0 Reply
Michael DiossaPro Member
Investor · RI · Member since 2023 · 191 posts · 163 votes
3y
Unfortunately this has been a more common thing in recent years. Even seen ads to "Avoid pet fees" by getting an online certificate which sucks, there are some good people who really depend on these animals to maintain joy in life.
0 Reply
Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
Quote from @Ralph Noack:
I agree with Bruce Woodruff. As for us, we only offer pet-free units in our portfolio. Now, nothing in my jurisdiction (Ontario, Canada) stops a tenant from acquiring a pet or 5 after they have moved in. But if they are a nuisance to me or anyone else I have to deal with it. But as we only offer Pet-free units, we have had loads of potential tenants tell us that their pets are emotional support animals. Personally, I don't believe a single one of them. They are basically starting off our relationship with a lie. That's a hard pass. I'll wait 6 months for an honest applicant before I take on a full-on liar. What's to trust in a relationship if this is how it starts? You have all the power before your tenant moves in by picking your tenants wisely. Depending on how tenant-friendly your jurisdiction is this is your only hope. For me, I lose a lot of power once my tenants are in so I use all my power before they move in. My tenants are trained from day one to operate under my conditions. I'm not a landlord under their conditions. These people will be trouble forever. Once they know you're a pushover, it won't stop.

**This is important** You don't need to lie to them about it. You don't need to be the same as them, stooping to their level. Hold your head up. You expect honesty from them, be honest in your dealings with them. Does it make sense to lie to them if you are upset about them lying to you?

Figure out what you want in your business. Just move on to other applicants. If they inquire or ask for an update, you can simply & honestly say that you haven't chosen a tenant yet (if that's true), and if you have no intention of taking them on as a tenant, you are free to say that they haven't met your requirements for successful tenancy. You don't need to go into it. But if you do, be kind & professional, not judgmental or accusing. And if they pressure you, that's a great indicator that you need to move on.

Don't take it personally either. That's an easy trap. This is business. You're not in this to make friends. You're here to make money, but in a professional manner. And we know that's the case, because you came to Bigger Pockets Forums to resolve a professional question. Dirtbag landlords don't care about this stuff. People of integrity do. Congratulations on being a person of integrity. Hold your head up high. Conduct yourself in manner worthy.

Post Of The Month! All new landlords take note....
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Luka Milicevic
Real Estate Agent · Nashville, TN · Member since 2015 · 2k+ posts · 2k+ votes
3y
Just make sure you are very specific about WHY you denied them. They sound like the type of folks that would sue over "discrimination"
So make sure the reason you give them is a legitimate and legal reason for denial, which it sounds like you have plenty to choose from....
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Jay ThomasPro Member
Real Estate Agent · Houston, TX · Member since 2021 · 1k+ posts · 715 votes
3y
If you are unsure about approving an ESA request, it's okay to pass it on and mention that another qualified person might be able to handle it. Alternatively, if you do want to consider it, you can request a letter from a licensed therapist stating that an ESA is necessary. However, it's important to note that you still have the option to reject an ESA for various reasons.
[email protected]832-889-5607
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