Tenants are abusing the "emotional support dog" card

Houston, Texas
Tenant Screening
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Tenants are abusing the "emotional support dog" card

Lenny Markus
Investor · San Jose, CA · Member since 2016 · 15 posts · 4 votes

Lately, there have been more and more tenants that go online to buy an emotional-support dog certificate to avoid paying pet security deposit. What are some things you can do to deter this? they still cause damage (dig, scratch, bite, break fence, urinate allover) and the regular security deposit doesn't cover for pet damages plus tenant's

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David PeschioBusiness Member
Richmond, VA · Member since 2019 · 356 posts · 180 votes
7mo

This is a sensitive matter, as asking the wrong question can lead to significant issues. We use Petscreening.com to determine the validity of these requests.
By referring applicants to them, we effectively filter out fraudulent requests, as applicants know their documentation will be reviewed by a team of legal professionals.

[email protected]804-909-1929
PMI Richmond4.4297 Reviews
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  • Nathan FisherBusiness Member
    Property Manager · Cleveland, OH · Member since 2020 · 305 posts · 260 votes
    7mo
    NOT A LAWYER 
    1. You can require proof of medical necessity by a LOCAL Medical professional. If they aren't licensed in California you can deny it. 
    2. I recently saw a court case about being able to charge fees at the same rate as other dogs. Need to confirm with my own legal team on that though. 
    3. You can still evict them over the conduct of their pets. 
    [email protected]216-245-2901
    Aligned Properties Group4.292 Reviews
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    1Reply
  • David PeschioBusiness Member
    Richmond, VA · Member since 2019 · 356 posts · 180 votes
    7mo

    This is a sensitive matter, as asking the wrong question can lead to significant issues. We use Petscreening.com to determine the validity of these requests.
    By referring applicants to them, we effectively filter out fraudulent requests, as applicants know their documentation will be reviewed by a team of legal professionals.

    [email protected]804-909-1929
    PMI Richmond4.4297 Reviews
    WebsiteView Page
    6Reply
  • Daniel TanasaBusiness Member
    Realtor · Houston, TX · Member since 2019 · 351 posts · 174 votes
    7mo

    Hi Lenny, 

    As David mentioned above, Petscreening.com is the way to go to make sure the documents are actually legit. 

    Good luck!

    0Reply
  • Jules Aton
    MD/DC · Member since 2024 · 1k+ posts · 1k+ votes
    7mo

    It is unfortunate there isn't lobbying for laws that separate actual trained service animals vs therapy animals. Realtor Assoc. maybe? I am a big pet person, allow pets in all my rentals with a fee but feel there needs to be a clear delineation between pets vs trained service animals. Airlines and hospitals seemed to have nipped it in the bud? Or is it just not publicized as much? 

    1Reply
  • Benjamin AakerPro Member
    Rental Property Investor · Brandon, SD · Member since 2015 · 1k+ posts · 1k+ votes
    7mo

    The laws around this vary by municipality. This is a good time to speak with an attorney specializing in real estate in your area. Generally, you cannot discriminate when there is a bona fide request made to you. 

    1Reply
  • Matt Devincenzo
    Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    7mo

    I don't think this is a 'more and more' situation, it's been ongoing for 10+ years. I'd just decide on a service like petscreening.com, or decide to allow animals. I'm personally not a fan of pet rent, pet fees etc. I provide nice high quality units that allow pets, rent is always the same. I get better total monthly rent than others in my area even when I have residents without pets. The type of tenant that wants to live in what I provide doesn't like being nickeled and dimed, and really appreciates being treated with upfront clear rent. That's been my approach and I've never had an issue with ESAs or pets. 

    2Reply
  • Kevin Sobilo
    Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    7mo

    @Lenny Markus, in addition to the suggestions others have made about screening these better there is a step to take BEFORE that!

    Determine whether you as a landlord are subject to fair housing law! Some mom & pop landlords are not subject the these laws and can simply deny an ESA request!

    Here is a link to a resource about the federal law, but also check your state/local laws as the may restrict the exemption further:

    Does Fair Housing Act Apply To Your Rental?

    4Reply
  • Steve K.
    Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
    7mo

    I just flat out don't accept any ESA letters obtained online. Tenants are supposed to have an ongoing relationship with a mental health professional who has the correct licensure to write them a prescription for an ESA, not just a one-time pay $20 and get the fake letter from a BS website. You are not supposed to ask about the nature of the disability itself but you can verify the presence of a disability requiring an ESA, with their local mental health professional that gave them the prescription. 99% of the time when a landlord says they plan to verify the presence of an actual disability with the mental health professional who wrote the prescription, as well as verify that they have the proper licensing to write a prescription, that's the end of it. And also what Kevin said: FHA laws may not even apply to your rental so start there. If they do apply, you can still deny an ESA for various legal reasons such as if the animal poses a risk to other residents, if it causes property damage, if it causes undue financial hardship to the owner (like insurance doesn't allow it), if the animal is too large or unsuitable for the specific unit, if the breed is illegal, invalid documentation, etc.

    2Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7mo

    Require them to get documentation from a local doctor-not an online pay for papers scam.

    0Reply
  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    7mo

    There are a lot of tenants with bogus ESAs. My goal is to encourage those with bogus ESAs to apply for someone else’s units.

    We use PetScreening.com. They supposedly filter out some bogus ESAs. My personal view is that they do a poor job at this. However, if the perspective tenants believe they do a good job, they are not going to apply and pay the application fee with a real chance they get rejected for a bogus ESA.

    In addition, PetScreening.Com keeps track of the animals vaccinations ensuring the animals have the required vaccines.

    In California, we have an additional law to try to discourage bogus ESAs (AB468). It has FINANCIAL penalties to any health provider that provides a bogus ESA authorization and the individual trying to claim a bogus ESA. It also establishes criteria for the health professional (must have active license in CA) and to have a minimum 30 day professional relationship with the tenant. It also has requirements for the actual ESA authorization.

    Our lease has a fairly high unauthorized animal fee. If the tenant introduces an animal, it is an unauthorized pet until it can get a legit ESA certification and go through my verification of valid ESA process which requires a minimum of 30 days per AB468. It will cost the tenant a minimum of $3k if they obtain the pet then start the ESA process.

    These processes are 1) to discourage bogus ESAs 2) ensure the rules are followed.

    The tenants with bogus ESAs are encouraged to apply elsewhere.

    good luck

    3Reply
  • David PeschioBusiness Member
    Richmond, VA · Member since 2019 · 356 posts · 180 votes
    7mo

    @Daniel Tanasa  Especially if you have staff answering calls and or showing properties - they can get tripped up and the financial implications can be abusive.  Much easier to defer to petscreening and let them handle all of the heavy lifting.  Also, they work well with actual pets  - makes that part easier as well.  We actually have everybody apply. - even if they say they do not have a pet.  Then when they move in and we catch them with a pet they can't say they did not know - we have proof that they indicated no pet.

    [email protected]804-909-1929
    PMI Richmond4.4297 Reviews
    WebsiteView Page
    1Reply
    • Daniel TanasaBusiness Member
      Realtor · Houston, TX · Member since 2019 · 351 posts · 174 votes
      7mo
      Quote from @David Peschio:

      @Daniel Tanasa  Especially if you have staff answering calls and or showing properties - they can get tripped up and the financial implications can be abusive.  Much easier to defer to petscreening and let them handle all of the heavy lifting.  Also, they work well with actual pets  - makes that part easier as well.  We actually have everybody apply. - even if they say they do not have a pet.  Then when they move in and we catch them with a pet they can't say they did not know - we have proof that they indicated no pet.


       Yeah, I like that !

      0Reply
  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    7mo

    We always tell the applicant we're contacting the doctor's office listed on the form to confirm they met the qualificaitons of an appointment.

    Stops most of them.

    [email protected]248-209-6824
    Logical Property Management4.9450 Reviews
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    1Reply
  • Janice Carter
    Real Estate Broker · Atlanta · Member since 2024 · 1k+ posts · 604 votes
    7mo

    This has definitely increased and it has become very easy for tenants to obtain questionable  certificates online.

    0Reply
  • David PeschioBusiness Member
    Richmond, VA · Member since 2019 · 356 posts · 180 votes
    7mo

    @Janice Carter  -  totally agree and why it is now so important to have a legal team vet them correctly.

    [email protected]804-909-1929
    PMI Richmond4.4297 Reviews
    WebsiteView Page
    0Reply
  • Jim Johnson
    Real Estate Agent · Memphis · Member since 2026 · 535 posts · 310 votes
    6mo

    This is becoming more common, especially in states like California. The key is understanding the difference between a pet and an assistance animal under fair housing laws.

    If a tenant properly qualifies for an emotional support animal (ESA), you generally can’t charge pet rent or a separate pet deposit. But that doesn’t mean you’re powerless.

    A few things to keep in mind:

    • You can request reliable documentation from a licensed healthcare provider (not just an online certificate).
    • The animal must be tied to a disability-related need — generic “registration” sites don’t automatically qualify.
    • You can still hold tenants responsible for actual damage caused by the animal beyond normal wear and tear.
    • If the animal creates a legitimate safety issue or significant property damage, that can become a lease enforcement issue — not a pet issue.

    The best deterrent isn’t confrontation, it’s consistent policy. Have a clear written process for accommodation requests and verify documentation properly. At the same time, make sure your screening standards for tenants (income, history, references) are strong, because behavior usually tracks with overall tenant quality, not just the presence of an animal.

    When handled correctly and consistently, abuse tends to drop off.

    0Reply
  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    6mo
    Quote from @Lenny Markus:

    Lately, there have been more and more tenants that go online to buy an emotional-support dog certificate to avoid paying pet security deposit. What are some things you can do to deter this? they still cause damage (dig, scratch, bite, break fence, urinate allover) and the regular security deposit doesn't cover for pet damages plus tenant's


    You should be pro-active in dealing with these type of issues. As soon as someone raises the issue of ESA's you need to have your Written Policy, with Sample Verification letter (which confirms the nexus between the disability and the animal and provides the
    professional ID info of the signer), ready to whip out for their edification. I implemented such a policy a number of years ago, and have had little to no push-back as result. Once you provide a well thought out and legal (based on your local laws as well as the Fed's), They know, that You know, the Law. They will either slink away into the night, or they will fulfill the requirements for a lawful Accommodation. 

    Once they have pulled the ESA card, you are limited to two questions. Does the person have a qualifying disability (as defined by HUD)? Does the animal perform a task or service, or alleviate a symptom of the disability?

    No, you cannot ask for a "demonstration" of the animal's ability. IF an Assistance Animal acts aggressively or injures someone after move in, then you can, with appropriate steps, have the animal and/or the Tenant removed, but you cannot do so preemptively.

    For these reasons, I always recommend that if you have a NO Pets Policy, you should have a separate Assistance Animal Policy also. You can place "reasonable" restrictions on them, such as requiring a current (or within 6 months) Veterinarian's health report; requiring spay/neuter to prevent aggressive behavior or commercial use; animal must be in a carrier or held when in confined spaces such as elevators and stairways, and leashed in common areas (unless this interferes with the task the animal performs, such as a seeing eye dog); handler must clean up after the animal in all common areas; handler must maintain sanitary conditions for the animal including no offensive odors emanating from the residence; animal must not disturb neighbors with nuisance barking or aggressive behavior; and you can require annual updates of both the "request for accommodation" letter and the Vet report. You can also require the request for accommodation be from a "reliable" source. That source can be a Physician or Social Worker, but should be verifiable. For my purposes, if a prospective Tenant is new to the area, a letter from an appropriate source from their prior location would be acceptable. If they have lived locally for several years, then it would, in most cases, need to be a local source. Online "certificates" etc. are simply not acceptable under any circumstance.

    0Reply
  • Lenny Markus
    OP
    Investor · San Jose, CA · Member since 2016 · 15 posts · 4 votes
    6mo

    Thanks, everyone for the great advice here!  We'll try out petscreening.com as a first line of defense, and keep a separate ESA policy. 

    0Reply
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