All Forum Posts by: Daryl Luc

Don't forget to check on jurisdictional issues....many have breed specific limitations in housing.  You may be able to pass the buck to a councilman or trustee and make them the bad guy.

Start using 6 month leases.  Faster, better, cheaper.  If the tenant is a problem, when the lease goes month to month you give them a thirty day notice to leave.

Originally posted by @Mindy Jensen:

@Daryl Luc, I did a large amount of research into this for an article a while back. (https://www.biggerpockets.com/blog/2015-03-11-emotional-support-animals-waiver-no-petpolicieslaw-say)

Please do not ask why they need the animal. If it's obvious - seeing eye dog - you are violating their rights by asking. 

I am not in support of fake ESAs. I truly hope this is figured out very soon - the fake ones are hurting people who truly have a need, have an animal that gives them support and helps them function, and is well behaved.

Pretty condescending of you.  Apparently you only read in my posts what you want to.  Look, I said it earlier, and don't need to share much more than this....I am in a family flush with lawyers....who don't come here looking for business.

And to the point of your blog article: "Another piece of advice I see time and again in the Forums is to consult an attorney." from the last paragraph.  If you are not consulting someone of the Bar who has had at least a few recent past opportunities to argue constitutional law, you may be getting echos being repeated of what someone else said to another, who passed it along.  My point is there is a lot of 'post office' being played all over the internet.  ADA Title III is the parent to all the derivatives of what is and isn't OK.  These are then incorporated into public facilities interpretations, housing related interpretations, transportation related interpretations and these three venues are also driven by interpretation of State and Municipal ordinances that may or may not be valid in their entirety and yet contain restrictions and definitions that are enforced by people who are less than fully informed.

So as a final statement from me about this subject: Title three does not restrict you from asking questions of anyone regarding their animal.  In fact, two specific questions are permitted as stated withing the law.  1. Do you need this animal because of a disability? 2. What work or tasks has this animal been trained to perform?  Wrong answers and you are not dealing with a service animal.  So now you move on to dealing with the fact that you are being presented an emotional support animal because they are not trained to perform work or a task.  There are no restrictions on what you can ask the individual with the emotional support pet.  Furthermore, the ADA does not identify emotional support pets with any protections in public accommodations.  Truly, there is a lot to decode when you wade into these waters...but two things I have stated before....and I'll state again.  There is no reason to be afraid of asking legitimate questions of a prospect and there are ways to deal with keeping properties 'pet' free.  Not knowing the ways is not the same as 'they don't exist'.

My family is flush with lawyers.  I'm pretty sure of myself.  If a federal tester called, my first question would root them out.  They are required to answer with the truth....at which point I can hang up.  I'm not required to talk to them.  Second, the ADA is THE source of who what where etc.  Federal Housing laws are subservient to ADA disability rulings.  Not the other way around. 

I'm sorry you're so leery of this whole can and can't do thing, but you need to get on top of it.  I've been doing this for probably more years than you, (unless you're 70) and never once had an issue.  Questions my man...you must ask the right questions.  Then rejecting prospects without issue is no big deal.  

Here's the ADA position on your mini horses....and it doesn't extend to home rentals.

The miniature horse is not included in the definition of service animal,
which is limited to dogs. However, the new ADA regulations contain a
specific provision which covers miniature horses. Businesses must make
reasonable modifications in policies, practices, or procedures to permit
the use of a miniature horse by an individual with a disability if the
miniature horse has been individually trained to do work or perform
tasks for the benefit of the individual with a disability.

Factors to assist in determining whether miniature horses can be accommodated are whether:
the miniature horse is housebroken
the miniature horse is under the owner’s control
the facility can accommodate the miniature horse’s type, size, and weight

the miniature horse’s presence will not compromise legitimate safety requirements necessary for the safe operation of the facility

follow their lead.

Originally posted by @Dennis M.:

how was this the worst nightmare lol this is pretty minor I thought you were going to say something about a murder or drugs or hoarding

In reality, the worst nightmare is the one you're in at the moment.

Originally posted by @Maxim Khanin:

Thanks, I wasn't planning on giving it to her.

I used a 3rd party company to run a credit and background check. Both tenants had fully clean backgrounds, and "good" credit scores. Tenant #1 previous landlord didn't have any complaints. Tenant #2 previously owned her own place (out of state). They both have advanced degrees and earn well above median salaries. I don't think they're "professional tenants", but I could be wrong.

Tenant #2 has lived in my rental 1.5+ years at this point. She hasn't been a problem. 

I notified tenant #2 that it's her right not to use the HVAC. But it's also her obligation to keep humidity levels within reason (per VA law and per the lease).

I already called the Health Department, going to call the Building Department next. I might just give these tenants an option to get out of their lease with a 30 day notice... it'll give me less headache to deal with.

I think you'd be smart to give them an out.  There's another post that was recent (search BL Sheldon) that shared a couple of ideas for early termination clauses that would be perfect for your situation.  Might consider for the future. 

Something else to consider: I'll talk to the most previous landlord, but I give more credence to the one before and the one two places back.  It's not unusual for a landlord to not be forthcoming with a tenant they were happy to get rid of.  Also, more than once a family member has turned out to be that most recent landlord....when they weren't at all.  The ones farther back will be more forthcoming with bad tenants because those are the ones that stick.

Have you been to the ADA site.  It's pretty clear.  And there's no such thing as a guide dog, there are service dogs that provide any number of services to the disabled, not just mobility.  I don't understand 'obvious'...You should be better at observing your prospects.  No dog, they aren't legit. Period.  End of it.  Legitimate people with a disability aren't usually willing to hide their disability if you ask directly what it is. Many have children accompanying them or other family members.  Cars and vans have special equipment that you can observe without asking anything.  And like I said before, there are animal behaviors that are tells.

I didn't say municipalities certify animals, they, plus many colleges and other public institutions will provide a voluntary registry of service animals to the disabled.  Most fakers aren't going to go there.  Point of fact: if you don't want to rent to people with disabilities, or dogs...it can be accomplished without going to jail.  But, I can tell you from experience, I have rented to someone with a service animal and that dog and tenant were better than 95% of my able tenants and I was sorry to lose them.  I don't however, rent to people with emotional support animals or any other kind of critters.

I'll end with this...if you are that intimidated by your ability to sniff out the fakes...then be a management company that uses investigators that are able to give you peace of mind.

Unless she paid for the report, don't give it to her.  She's not entitled to your work effort for free without a court order or you are in discovery during a lawsuit.  Don't forget to enlist the building department and health department, they may provide services in your jurisdiction and when they say no problem, the court pays attention.  I don't know how you vet, but you may have a professional tenant.  Their move frequency is high and if you have a good agency doing your checking, you find court activity.  Or, she may be suffering from winter allergies.  It happens a lot and has nothing to do with mold.  Carpet, previous tenant with animals, tight building that doesn't move air well and on it goes.

Originally posted by @Ivan Loza:

Anybody here have any success stories retrieving money owed from previous tenants? 

One of my ex tenants left the house a mess, owes me a couple months of rent and a fee for breaking the lease early. We set up a repayment plan, but as of last week he begun ghosting me. I get sent straight to voicemail.

I’m leaning towards using a commission based collection agency. That or a straight gangsta..

Any tips? A guideline to follow perhaps?

 Move on.  You'll be chasing a five with a twenty.  Best case your fees will equal what you obtain from the deadbeat....and may take years to get.  Last I knew, a lawyer buddy specifically in the business of collections of deadbeat renters said that they have about a 21% close ratio.  So a 2 in 10 probability that you get some money.  Go to a casino.  You rented to a professional tenant.  You don't explain your vetting process, but if you have one, he snuck through.