All Forum Posts by: Nathan Gesner

Set yourself up as a tenant. Send yourself an email from Cozy. Use the Cozy email as a template. Copy it into a word document, adjust where necessary, and mail a copy to your tenants.

@Chris Reed the wording depends on state and local requirements. In Wyoming our statutes say the Landlord must disclose any portion of the deposit that is non-refundable. Others may not allow a deposit to be non-refundable which forces you to change the wording to "fee" or "charge." 

I'm glad you pointed this out this out because terminology can make or break a court case. But I encourage everyone to review the laws for your area or talk to an attorney to ensure you get this right.

I know many others charge a non-refundable pet deposit. But if the tenant knows they can't get the money back, why would they take care of the home? I charge a refundable deposit that keeps out some of the riff-raff. However, it is a deposit that can only be applied toward cleaning and repairs a does nothing to put more money in the Landlord's pocket.

I am now switching to pet rent based on the type, size, etc. A bird may be $10 a month. Cat or dog under 20 pounds, $20. Dog 21-40 pounds, $30. Dog 41 pounds and up $40.

Two dogs under 20 pounds will earn the owner an extra $480 a year. Two large dogs would be an extra $960. Tenants won't normally spend that kind of money unless they are responsible and it's easier for them to swallow than a $500 non-refundable up front.

I sometimes wonder how people are capable of making enough money to invest but not capable of making common-sense decisions regarding the investment.

review your management agreement to see what conditions apply. Some managers charge a termination fee, so watch out for that. If they do charge a large amount, you may be better off waiting for the management agreement to expire.

Your notice to the PM should be in writing. It should include a specific termination date with at least 30 days notice (your agreement may require more). Specify the following:

1. Transfer tenant security deposit, last month's rent, or any other funds held. If you have a reserve, request that be returned, as well.

2. Return all keys, openers, etc.

3. Provide a copy of the entire tenant file, to include the lease agreement, applications, correspondence, payment ledger, etc.

4. Provide current contact information for the Tenant(s).

5. PM should notify the tenant of the pending change with YOUR contact information and an effective start date. You should receive a copy if this notice.

Based on your dissatisfaction, I would be very clear with them and stay on top of them so it doesn't fall through the cracks. Try to communicate only in writing, keep it brief, and stay professional.

If your current tenant is part of the problem, let them know you do not intend to renew and give them the opportunity to leave early. Keep in mind they may be bad tenants because the PM allowed it. Maybe you can set a new standard and get them back on track.

Video: Kangaroos are not service animals

Snakes in a restaurant!

Article: How To Take Your Pet Everywhere

@Curtis 

@Curtis Bidwell I believe the last three requirements on your list are not allowed per Fair Housing. Landlords and Property Managers cannot treat emotional support animals as pets. No pet deposit, no pet rent, no pet insurance, period.

According to HUD, "emotional support animals provide very private functions for persons with mental and emotional disabilities. Specifically, emotional support animals by their very nature, and without training, may relieve depression and anxiety, and help reduce stress-induced pain in persons with certain medical conditions affected by stress.”

Here are some commonly asked questions.

Can a housing provider verify that an assistance animal is necessary?

Yes. Housing providers are entitled to verify:

the existence of the disability if it is not readily apparent, and

the need for the accommodation if it is not readily apparent.

For example, if you are seeking a reasonable accommodation for an emotional support animal, you may be required to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides support that alleviates at least one of your disability symptoms or effects of the existing disability.

If your landlord or manager asks for this verification, you should obtain a signed letter from your doctor or other medical professional, or other qualified third party who, in their professional capacity, has knowledge about your disability and your need for a reasonable accommodation. You do not have to provide details about your disability or about the specific tasks the service animal performs.

NOTE: A verification letter stating that the service animal would be “nice” or “helpful” is insufficient.

Does an emotional support or companion animal need to be trained?

No. According to HUD, "emotional support animals do not need training to ameliorate the effects of a person's mental and emotional disabilities. For example, there are animals that have an innate ability to detect that a person with a seizure disorder is about to have a seizure and can let the individual know ahead of time so that the person can prepare. This ability is not the result of training, and a person with a seizure disorder might need such an animal as a reasonable accommodation to her disability."

Can a housing provider require licensing?

Yes. A housing provider can require that your assistance animal be licensed, if required in your municipality.

Can a housing provider charge pet rent or fees, or require additional deposits, for assistance animals?

No. Owners of assistance animals should not be charged pet deposits or fees, and cannot require a tenant with an assistance animal to obtain extra insurance. General cleaning or damage deposits can be charged, if all residents are similarly charged.

Please remember that a housing provider can hold a resident with an assistance animal liable for any damage the animal causes.

Can a housing provider limit the number of assistance animals?

In some cases, a tenant with a disability may need assistance animals for different purposes. In some cases, more than one household member may be a person with a disability who needs an assistance animal. However, a resident with a disability must demonstrate a connection between the disability and the function each assistance animal provides. If a resident with a disability demonstrates that she needs one assistance animal to limit the effects of a mental or emotional disability and another to pull her wheelchair, approving two assistance animals would constitute a reasonable accommodation.

It is not necessary for a tenant with a disability to utilize more than one animal for the same function unless a new assistance animal is being trained to replace an older, retiring animal.

What if my housing provider only allows pets under 30 pounds?

Assistance animals, including service animals and companion animals, are NOT pets.

Because assistance animals may be any breed, size, or weight, housing providers should reasonably accommodate a tenant with a disability-related need for an assistance animal by waiving any size or weight limitations that might otherwise apply to pets.

When can a housing provider deny an assistance animal?

Housing providers are not required to provide a reasonable accommodation that is unnecessary or that would pose a direct threat to the health or safety of others. Thus, if the particular animal requested by the individual with a disability has a history of dangerous behavior, the housing provider does not have to accept the animal into the housing.

@Curtis 

@Curtis Bidwell I believe the last three requirements on your list are not allowed per Fair Housing. Landlords and Property Managers cannot treat emotional support animals as pets. No pet deposit, no pet rent, no pet insurance, period.

According to HUD, "emotional support animals provide very private functions for persons with mental and emotional disabilities. Specifically, emotional support animals by their very nature, and without training, may relieve depression and anxiety, and help reduce stress-induced pain in persons with certain medical conditions affected by stress.”

Here are some commonly asked questions.

Can a housing provider verify that an assistance animal is necessary?

Yes. Housing providers are entitled to verify:

the existence of the disability if it is not readily apparent, and

the need for the accommodation if it is not readily apparent.

For example, if you are seeking a reasonable accommodation for an emotional support animal, you may be required to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides support that alleviates at least one of your disability symptoms or effects of the existing disability.

If your landlord or manager asks for this verification, you should obtain a signed letter from your doctor or other medical professional, or other qualified third party who, in their professional capacity, has knowledge about your disability and your need for a reasonable accommodation. You do not have to provide details about your disability or about the specific tasks the service animal performs.

NOTE: A verification letter stating that the service animal would be “nice” or “helpful” is insufficient.

Does an emotional support or companion animal need to be trained?

No. According to HUD, "emotional support animals do not need training to ameliorate the effects of a person's mental and emotional disabilities. For example, there are animals that have an innate ability to detect that a person with a seizure disorder is about to have a seizure and can let the individual know ahead of time so that the person can prepare. This ability is not the result of training, and a person with a seizure disorder might need such an animal as a reasonable accommodation to her disability."

Can a housing provider require licensing?

Yes. A housing provider can require that your assistance animal be licensed, if required in your municipality.

Can a housing provider charge pet rent or fees, or require additional deposits, for assistance animals?

No. Owners of assistance animals should not be charged pet deposits or fees, and cannot require a tenant with an assistance animal to obtain extra insurance. General cleaning or damage deposits can be charged, if all residents are similarly charged.

Please remember that a housing provider can hold a resident with an assistance animal liable for any damage the animal causes.

Can a housing provider limit the number of assistance animals?

In some cases, a tenant with a disability may need assistance animals for different purposes. In some cases, more than one household member may be a person with a disability who needs an assistance animal. However, a resident with a disability must demonstrate a connection between the disability and the function each assistance animal provides. If a resident with a disability demonstrates that she needs one assistance animal to limit the effects of a mental or emotional disability and another to pull her wheelchair, approving two assistance animals would constitute a reasonable accommodation.

It is not necessary for a tenant with a disability to utilize more than one animal for the same function unless a new assistance animal is being trained to replace an older, retiring animal.

What if my housing provider only allows pets under 30 pounds?

Assistance animals, including service animals and companion animals, are NOT pets.

Because assistance animals may be any breed, size, or weight, housing providers should reasonably accommodate a tenant with a disability-related need for an assistance animal by waiving any size or weight limitations that might otherwise apply to pets.

When can a housing provider deny an assistance animal?

Housing providers are not required to provide a reasonable accommodation that is unnecessary or that would pose a direct threat to the health or safety of others. Thus, if the particular animal requested by the individual with a disability has a history of dangerous behavior, the housing provider does not have to accept the animal into the housing.

I posted my reply and then realized I should probably include a disclaimer but I can't edit the original post. I'm a licensed REALTOR and law-abiding citizen, so I do not suggest anyone act outside of the law to deal with a bad tenant.

There, I feel better now.

He is probably exaggerating to scare you. Based on your post, it is clearly working.

I personally would evict through the court system and get my house back rather than throw away tens of thousands of dollars. The reason bullies like this last so long is because people refuse to stand up to them. Letting him walk all over you doesn't guarantee your safety or that the problem will go away when you lose the house.

If you are afraid of him, work through an attorney. If it requires fact-to-face contact, hire a couple tough guys to do it. Personally, I would handle this outside of the legal system. Most criminals, particularly druggies, do not respond to the law but they do respond to their own pain and suffering.I would launch an all-out war against this individual and run him out of town within a month. To each his own.