Handling Multiple ESA/Animal Requests
Member since 2020 · 20 posts · 7 votes
Handling Multiple ESA/Animal Requests
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Real Estate Agent · Memphis · Member since 2026 · 555 posts · 320 votes
3moThis can definitely be a tricky situation because there are two separate issues: your preferences as the landlord and your legal obligations if an accommodation is requested.
Since they've been good tenants, I'd try to keep the conversation collaborative while also making sure everything follows the proper process. If they submit a request for an ESA, I'd evaluate it based on the applicable fair housing requirements rather than assuming the outcome either way.
The fact that they've already been approved for two non-ESA cats doesn't automatically answer the question of adding another animal. I'd want to understand whether the new request is for a legitimate accommodation and whether there are any factors that would allow or require a different response under the law.
Whatever you decide, I'd make sure the process is consistent and well documented. Good communication and following the same procedure for every accommodation request can go a long way toward avoiding misunderstandings later.
13 Replies
- 3moDan H.Pro MemberInvestor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
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. In you your case it is an existing tenant.
It is my opinion that no person needs multiple ESAs and that a medical professional should not authorize multiple ESAs.
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.
If the tenant has authorization from a legit medical professional stating they can benefit from an ESA, then you should accept the ESA 6and likely are legally required to accept the ESA).
You are not in CA, so this part does not apply to you but is included for completeness.
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.
good luck- Member since 2020 · 20 posts · 7 votes3mo
Quote from @Dan H.:
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. In you your case it is an existing tenant.
It is my opinion that no person needs multiple ESAs and that a medical professional should not authorize multiple ESAs.
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.
If the tenant has authorization from a legit medical professional stating they can benefit from an ESA, then you should accept the ESA 6and likely are legally required to accept the ESA).
You are not in CA, so this part does not apply to you but is included for completeness.
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.
good luckI think your point of discouraging people is likely the best route, as the ESA approach seems to be an inevitable evil regarding getting pets into non-pet units. I do have a large unauthorized animal fee in my lease, and I plan to make the pet fee and pet rent on the higher end, considering they already have two cats. Thanks!
- Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes3mo
By not having a written policy concerning pets and ESA's; AND by apparently not having any "process" for accepting, adding or substituting animals beyond a verbal "OK", you have put yourself in a difficult position. The Tenant has trained you well.
I understand they are "wonderful" Tenants (in spite of playing games to get the pets they want), but it is YOUR property. And, apparently, YOU are the LL. Which implies that YOU make the rules.
There are far more Good Tenants than Bad, but ultimately it is your choice. Me? I would not have let cats in to begin with, but IF I were at this point, I would tell them get rid of the cats if you want a dog. And schedule an inspection within the minimum time frame allowed by local law, so you can closely look at the current condition for potential damages (including offensive odors that may be held by carpets) as well as signs of any leaks (including under sinks, toilet base, and basement if any) or other issues not reported by these wonderful folks.
Then check your local Humane Society for "resources" to see if they have a Pet Health Report that you can then require to be completed and signed by a local Vet, documenting the health and proper vaccinations as well as spay/neuter status (which I require, to minimize aggressive behavior and prevent commercial use).
Texting is second only to verbal as the worst possible method to communicate important information to/from Tenants.
- Member since 2020 · 20 posts · 7 votes3mo
Quote from @Richard F.:
By not having a written policy concerning pets and ESA's; AND by apparently not having any "process" for accepting, adding or substituting animals beyond a verbal "OK", you have put yourself in a difficult position. The Tenant has trained you well.
I understand they are "wonderful" Tenants (in spite of playing games to get the pets they want), but it is YOUR property. And, apparently, YOU are the LL. Which implies that YOU make the rules.
There are far more Good Tenants than Bad, but ultimately it is your choice. Me? I would not have let cats in to begin with, but IF I were at this point, I would tell them get rid of the cats if you want a dog. And schedule an inspection within the minimum time frame allowed by local law, so you can closely look at the current condition for potential damages (including offensive odors that may be held by carpets) as well as signs of any leaks (including under sinks, toilet base, and basement if any) or other issues not reported by these wonderful folks.
Then check your local Humane Society for "resources" to see if they have a Pet Health Report that you can then require to be completed and signed by a local Vet, documenting the health and proper vaccinations as well as spay/neuter status (which I require, to minimize aggressive behavior and prevent commercial use).
Texting is second only to verbal as the worst possible method to communicate important information to/from Tenants.
I appreciate this response as it reminds me that I am a pushover. Do you have any insight on how to accept or reject pets? When I accept pets, I fill out my pet addendum on the lease and require a CVI from a licensed vet to be sent prior to the animal occupying the premises.
The issue I ran into (this was my first time finding tenants) was I said "no pets" then they said "what if it is an ESA". Then I figured out that I have to let an ESA in. Now I know they understand how to get around things. In the future I will dig in to the ESA letter to confirm legitimacy.
I think that the pet inspection would be good just to see how the cats have been. I have been in the unit a couple of times since the cats and the last dog, but I have not done a deep dive yet.
Do you email tenants as your primary form of communication? I always text, but I understand how that does not leave as good of a paper trail. Thanks
- Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes3mo
Quote from @Zach Adams:
Quote from @Richard F.:
By not having a written policy concerning pets and ESA's; AND by apparently not having any "process" for accepting, adding or substituting animals beyond a verbal "OK", you have put yourself in a difficult position. The Tenant has trained you well.
I understand they are "wonderful" Tenants (in spite of playing games to get the pets they want), but it is YOUR property. And, apparently, YOU are the LL. Which implies that YOU make the rules.
There are far more Good Tenants than Bad, but ultimately it is your choice. Me? I would not have let cats in to begin with, but IF I were at this point, I would tell them get rid of the cats if you want a dog. And schedule an inspection within the minimum time frame allowed by local law, so you can closely look at the current condition for potential damages (including offensive odors that may be held by carpets) as well as signs of any leaks (including under sinks, toilet base, and basement if any) or other issues not reported by these wonderful folks.
Then check your local Humane Society for "resources" to see if they have a Pet Health Report that you can then require to be completed and signed by a local Vet, documenting the health and proper vaccinations as well as spay/neuter status (which I require, to minimize aggressive behavior and prevent commercial use).
Texting is second only to verbal as the worst possible method to communicate important information to/from Tenants.
I appreciate this response as it reminds me that I am a pushover. Do you have any insight on how to accept or reject pets? When I accept pets, I fill out my pet addendum on the lease and require a CVI from a licensed vet to be sent prior to the animal occupying the premises.
The issue I ran into (this was my first time finding tenants) was I said "no pets" then they said "what if it is an ESA". Then I figured out that I have to let an ESA in. Now I know they understand how to get around things. In the future I will dig in to the ESA letter to confirm legitimacy.
I think that the pet inspection would be good just to see how the cats have been. I have been in the unit a couple of times since the cats and the last dog, but I have not done a deep dive yet.
Do you email tenants as your primary form of communication? I always text, but I understand how that does not leave as good of a paper trail. Thanks
Pets and ESA's are separate issues. Separate rules for each. At a minimum both should have restrictions regarding nuisance barking, offensive odors emanating from residence/yard, and cleaning up after their animals. Current Vet Health reports as well as Spay or Neuter should be required to minimize aggressive behavior and to prevent commercial use (puppy mill). For MF properties, should be leashed or in carrier when transiting all common areas (except ESA's IF that would interfere with the task or service they provide to alleviate symptoms of their disabled handler); For detached homes, restoration of the yard areas must be a requirement at move out.
For pets, maximum weight might be a consideration as well as specific breeds if your insurance specifies. With ESA's you need to ignore those factors. For ESA's, you can require a letter from a local medical or social services professional that verifies the person has a HUD qualifying disability, and that a specific, named, animal performs a service or task, or alleviates symptoms for that person. Their Name, and medical/business office information and ID are required, and they must acknowledge that the information presented is true. Internet certificates or letters from out of state do not need to be accepted unless they have moved from that state in the past 12 months. You can require updates annually. An actual registration form for the animal to allow documentation of identifying markings and other info as well as a photo is important to maintain and update within the Tenant file as well.
Here is a link to several useful Sample Forms provided by our local Humane Society. Your local agencies likely have something similar.
You should be inspecting all rentals annually, noting general housekeeping, seeking out any signs of possible leaks or pests, operation of plumbing fixtures, condition of cabinets- in particular sink base cabinets for any signs of water damage, any signs of undesirable behaviors or unauthorized occupants (count shoes, beds, toothbrushes) or any other unreported maintenance issues.
Email is the best IMHO. You can easily access on your phone to send/receive, but also can set up file folders for each unit of each property on your desktop to move them into when convenient. Standardize your filing system to make locating specific files simpler. Personally, I never gave out my personal cell number to Tenants. Owners and Contractors, yes, but Tenants no. You can have a second number with voicemail for Tenants to call. You just need to be sure to respond promptly after listening to the message. That "response", more often than not for me, was simply calling my Contractor, providing him the address, name, and phone number of Tenant, who he would call directly to question further if needed and schedule the repair. When he arrived at the property, if his findings were anything more than what I had reported to him, he would call to update me with cost estimate or additional info for approval, sending me pics if needed. Easy. 99% of the time.
- Real Estate Agent · Memphis · Member since 2026 · 555 posts · 320 votes3mo
This can definitely be a tricky situation because there are two separate issues: your preferences as the landlord and your legal obligations if an accommodation is requested.
Since they've been good tenants, I'd try to keep the conversation collaborative while also making sure everything follows the proper process. If they submit a request for an ESA, I'd evaluate it based on the applicable fair housing requirements rather than assuming the outcome either way.
The fact that they've already been approved for two non-ESA cats doesn't automatically answer the question of adding another animal. I'd want to understand whether the new request is for a legitimate accommodation and whether there are any factors that would allow or require a different response under the law.
Whatever you decide, I'd make sure the process is consistent and well documented. Good communication and following the same procedure for every accommodation request can go a long way toward avoiding misunderstandings later.
- Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes3mo
It sounds like if they play the ESA card you’ll be wide open to adjust the rent to market rent for a property that accepts 3 animals. I guess I’d need to know if this is a 1 bedroom condo or a 3500sf home? How appropriate are 3 animals?
Assuming the property is appropriate I’d figure out a number that makes the hassle worth it to you. Say an extra $300/mo, $3,600/yr makes you feel good about accepting a 3rd animal for your “good tenants” and avoiding vacancy. You renew at MTM so if it becomes an issue you can end it relatively quickly.
They’ll either say yes or no and problem solved. If they say no then play the ESA card you’ll say no problem. 2-3 months later (whenever it’s a good time to fill a vacancy.) you issue notice the rent is going up $500 or more per month. Not because they added an ESA animal but because market rent is going up. Still all MTM in case they become an issue.
- Member since 2020 · 20 posts · 7 votes3moI like how you think Bill. My only issue is my property is in Saint Paul, MN so we have some rent control. Note this is a 1100 square foot 2 bed one bath unit in a very nice duplex. That said, my plan was to have the fee and rent be higher than average due to the 3 pets. Market pet rent here is $25-50/mo with pet fees around $300-500. I was thinking $50/mo and $600 pet fees. But to you point maybe that isn’t enough. Do you know if certain places limit pet rent and fees? I have never read about it.
Quote from @Bill B.:
It sounds like if they play the ESA card you’ll be wide open to adjust the rent to market rent for a property that accepts 3 animals. I guess I’d need to know if this is a 1 bedroom condo or a 3500sf home? How appropriate are 3 animals?
Assuming the property is appropriate I’d figure out a number that makes the hassle worth it to you. Say an extra $300/mo, $3,600/yr makes you feel good about accepting a 3rd animal for your “good tenants” and avoiding vacancy. You renew at MTM so if it becomes an issue you can end it relatively quickly.
They’ll either say yes or no and problem solved. If they say no then play the ESA card you’ll say no problem. 2-3 months later (whenever it’s a good time to fill a vacancy.) you issue notice the rent is going up $500 or more per month. Not because they added an ESA animal but because market rent is going up. Still all MTM in case they become an issue.
I may need to make it so high that it is either worth my time or they pull the ESA card and when they do they will somehow need to find a provider who think they “need” three pets. They do have 11 months left on their lease so ideally I avoid issues. I definitely have a lot to learn about managing properties. Thanks - Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes3mo
Quote from @Zach Adams:
I like how you think Bill. My only issue is my property is in Saint Paul, MN so we have some rent control. Note this is a 1100 square foot 2 bed one bath unit in a very nice duplex. That said, my plan was to have the fee and rent be higher than average due to the 3 pets. Market pet rent here is $25-50/mo with pet fees around $300-500. I was thinking $50/mo and $600 pet fees. But to you point maybe that isn’t enough. Do you know if certain places limit pet rent and fees? I have never read about it.Quote from @Bill B.:
It sounds like if they play the ESA card you’ll be wide open to adjust the rent to market rent for a property that accepts 3 animals. I guess I’d need to know if this is a 1 bedroom condo or a 3500sf home? How appropriate are 3 animals?
Assuming the property is appropriate I’d figure out a number that makes the hassle worth it to you. Say an extra $300/mo, $3,600/yr makes you feel good about accepting a 3rd animal for your “good tenants” and avoiding vacancy. You renew at MTM so if it becomes an issue you can end it relatively quickly.
They’ll either say yes or no and problem solved. If they say no then play the ESA card you’ll say no problem. 2-3 months later (whenever it’s a good time to fill a vacancy.) you issue notice the rent is going up $500 or more per month. Not because they added an ESA animal but because market rent is going up. Still all MTM in case they become an issue.
I may need to make it so high that it is either worth my time or they pull the ESA card and when they do they will somehow need to find a provider who think they “need” three pets. They do have 11 months left on their lease so ideally I avoid issues. I definitely have a lot to learn about managing properties. ThanksOk so what do we have in-hand now? Now we are just dealing with pet's, not ESA or service animals.
So it's simple, pet deposit and pet rent PER PET.
This is how I always do it, and I think people are nuts to do it any differently. Cat's are one of the most expensive, not because I dislike cats (which I do) but it's because their pizz is like toxic waste to a property and they claw things up all but always.
You'd be surprised the motivating factor $50mnth PER pet gives these persons, especially for multiple pet scenarios.
Now back to the ESA. Even if they have ESA that does NOT remove accountability and responsability for unit care and condition so you simply put in the work of doing the intermittent inspections and address the issues if/when there is issues. If place smells like pizz you call em out, write em up for a violation and demand correction. HOLD ACCOUNTABLE, 97% of self-managing problems I see are from LL's being too meak or fearful to just be direct and honest.
I'm not mean, I'm not nice, I simply follow the processes, it's really just that simple. I have 0 emotional feelings about the work. Does a carpenter worry about how the 2x4 "feels"? When your a LL it's simply a job, there are rules and enforcing them is the job, end of story. It's not mean, it's not anything, it's just the dang job.
All this worrying on what if this and what if that, your in the feelings zone. That a fast-pass to the funny farm. Don't get into the drama. Processes, systems, follow them, end of story, leave the feelings at home.
- Member since 2020 · 20 posts · 7 votes3mo
Quote from @James Hamling:
Quote from @Zach Adams:
I like how you think Bill. My only issue is my property is in Saint Paul, MN so we have some rent control. Note this is a 1100 square foot 2 bed one bath unit in a very nice duplex. That said, my plan was to have the fee and rent be higher than average due to the 3 pets. Market pet rent here is $25-50/mo with pet fees around $300-500. I was thinking $50/mo and $600 pet fees. But to you point maybe that isn’t enough. Do you know if certain places limit pet rent and fees? I have never read about it.Quote from @Bill B.:
It sounds like if they play the ESA card you’ll be wide open to adjust the rent to market rent for a property that accepts 3 animals. I guess I’d need to know if this is a 1 bedroom condo or a 3500sf home? How appropriate are 3 animals?
Assuming the property is appropriate I’d figure out a number that makes the hassle worth it to you. Say an extra $300/mo, $3,600/yr makes you feel good about accepting a 3rd animal for your “good tenants” and avoiding vacancy. You renew at MTM so if it becomes an issue you can end it relatively quickly.
They’ll either say yes or no and problem solved. If they say no then play the ESA card you’ll say no problem. 2-3 months later (whenever it’s a good time to fill a vacancy.) you issue notice the rent is going up $500 or more per month. Not because they added an ESA animal but because market rent is going up. Still all MTM in case they become an issue.
I may need to make it so high that it is either worth my time or they pull the ESA card and when they do they will somehow need to find a provider who think they “need” three pets. They do have 11 months left on their lease so ideally I avoid issues. I definitely have a lot to learn about managing properties. ThanksOk so what do we have in-hand now? Now we are just dealing with pet's, not ESA or service animals.
So it's simple, pet deposit and pet rent PER PET.
This is how I always do it, and I think people are nuts to do it any differently. Cat's are one of the most expensive, not because I dislike cats (which I do) but it's because their pizz is like toxic waste to a property and they claw things up all but always.
You'd be surprised the motivating factor $50mnth PER pet gives these persons, especially for multiple pet scenarios.
Now back to the ESA. Even if they have ESA that does NOT remove accountability and responsability for unit care and condition so you simply put in the work of doing the intermittent inspections and address the issues if/when there is issues. If place smells like pizz you call em out, write em up for a violation and demand correction. HOLD ACCOUNTABLE, 97% of self-managing problems I see are from LL's being too meak or fearful to just be direct and honest.
I'm not mean, I'm not nice, I simply follow the processes, it's really just that simple. I have 0 emotional feelings about the work. Does a carpenter worry about how the 2x4 "feels"? When your a LL it's simply a job, there are rules and enforcing them is the job, end of story. It's not mean, it's not anything, it's just the dang job.
All this worrying on what if this and what if that, your in the feelings zone. That a fast-pass to the funny farm. Don't get into the drama. Processes, systems, follow them, end of story, leave the feelings at home.
This is great advice. I need to up my processes across the board. Thanks
- 3moDrew SygitBusiness MemberProperty Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
Quote from @Zach Adams:
I have a tenant whom I allowed to have a dog in my unit due to it being an ESA animal. That dog then died. I then let them replace it with two cats, non-ESA animals. They now "asked for my opinion" on them getting a dog. I do not want this, as two cats are enough in my opinion, but I know that they are likely going to get an ESA letter and try to force me to let the dog in (this is kind of what happened with the cats). Any suggestions on handling this? Or do I just need to comply with the ESA laws if they go that route?
I did text them saying I am opposed to it, but they have been wonderful tenants (they really are), and I would charge pet rent for this dog. I did this assuming they would try to use the ESA method to get the dog. Thanks for any advice.
It's estimated that over 80% of ESA letters are frauded.
So, surprised the tenants didn't present one for the cats - guessing you didn't charge them any Pet Rent?
I'd let them know that if they acquire an ESA dog, that you will charge them Pet Rent for the cats.
If you do this, the situation will get very tricky, so you may want to discuss with an experienced real estate attorney!
Logical Property Management4.9458 Reviews - 2moJimmy LieuBusiness MemberReal Estate Agent · Columbus, OH · Member since 2019 · 3k+ posts · 2k+ votes
Quote from @Zach Adams:
I have a tenant whom I allowed to have a dog in my unit due to it being an ESA animal. That dog then died. I then let them replace it with two cats, non-ESA animals. They now "asked for my opinion" on them getting a dog. I do not want this, as two cats are enough in my opinion, but I know that they are likely going to get an ESA letter and try to force me to let the dog in (this is kind of what happened with the cats). Any suggestions on handling this? Or do I just need to comply with the ESA laws if they go that route?
I did text them saying I am opposed to it, but they have been wonderful tenants (they really are), and I would charge pet rent for this dog. I did this assuming they would try to use the ESA method to get the dog. Thanks for any advice.
Great question, Zach. If they provide a legitimate ESA request and you're subject to the Fair Housing Act requirements, it's generally treated as a reasonable accommodation rather than a pet, so pet rent usually wouldn't apply. Since they're already good tenants, I'd try to keep the conversation collaborative instead of assuming they'll go the ESA route. If they do submit documentation, review it based on the law and your property's exemptions rather than making the decision ahead of time. It may also be worth checking whether adding another animal would create any legitimate issues related to the property or safety, but those need to be based on facts, not just preference. Sounds like you've built a good relationship with them, so hopefully you can work through it together. Happy to connect and answer any questions you have!
Jimmy Lieu, Red 1 Realty4.9120 Reviews - 2moAdam TafelBusiness MemberReal Estate Agent · St. Paul, MN · Member since 2017 · 577 posts · 395 votes
LOL what a funny situation. Yes, you’ll need to comply with ESA laws.
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