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Landlord Rights for Emotional Support Animals
According to the NAMI, an estimate of 61.5 million Americans (or 1 in 4) suffer from a mental or emotional disability.
For this reason, the use of Emotional Support Animals (ESA) is becoming more prevalent, and many mental health professionals are recommending animals and writing prescriptions as a therapy tool.
As a landlord or property owner, you might ask yourself, what does that mean for me and for my rental units that have “no pets” policies in place?
In this post, we will cover landlord rights when renting to a tenant with an emotional support animal.
Table of Contents
- The Fair Housing Act (FHA) & Landlords
- Emotional Support Animal Letters for Housing
- How Can a Landlord Verify an ESA Letter?
- ESA Questions a Landlord Has the Right to Ask a Tenant
- ESA Questions a Landlord Does Not Have the Right to Ask a Tenant
- What Kind of Animals Do Landlords Have to Allow?
- How Many Emotional Support Animals Do Landlords Have to Allow?
- Where is the Emotional Support Animal Allowed?
- When Can a Landlord Deny an Emotional Support Animal?
- What About Insurance for Banned Breeds?
- When Can a Landlord Evict a Tenant With an ESA?
- What Fees (If Any) Can a Landlord Charge for an ESA?
- What Could Happen if a Landlord Denies a Tenant Based on an ESA?
The Fair Housing Act (FHA) & Landlords
Under the Fair Housing Act, it is against the law for a property owner or landlord to refuse to house those with a disability.
The housing provider also cannot impose a different application or qualification criteria to those with disabilities. This means the rental fees, sales price, or rental terms or conditions cannot differ from those required by non-disabled persons.
However, the FHA does require written documentation or ESA letter from a licensed mental health professional attesting to the tenant’s need for an Emotional Support Animal. Simply having an ESA registration or vest is not enough to qualify an animal as an ESA.
Emotional Support Animal Letters for Housing
You may or may not have encountered an Emotional Support Animal Letter – these are validation letters from a licensed mental health professional telling you the renter has been prescribed the animal for mental health-related purposes.
This animal is NOT a pet but is there to give the needed therapy the person requires – the emotional support animal or ESA must be responsible for alleviating at least one identified symptoms or effects of an existing disability. This does not mean the animal simply makes the person “feel good.” The ESA must be there for a diagnosable condition such as depression, severe anxiety or phobia.
How Can a Landlord Verify an ESA Letter?
As a landlord, you do have the right to verify that the letter from the therapist is real and from a therapist that is licensed. To do this, you will need to check that the letter is written on the mental health professional’s letterhead, along with their contact information (phone number, email address, practice address).
An ESA Letter should include the professional’s license number, date it was issued, and signature.
If you have any concerns about the validity of the letter, you should NOT contact the mental health professional directly. This could be considered a violation of the patient’s right to privacy.
Questions a Landlord Has the Right to Ask a Tenant That Needs an Emotional Support Animal
As a landlord you have the right to ask your tenant the following questions about their emotional support animal. Remember how you ask is important as well. Here are some tips for speaking with your tenant about their Emotional Support Animal.
Tip 1: Politely speak to the tenant about your concerns.
Let them know you would like to work together to alleviate your concerns. Arguing with the person can make them feel discriminated against and can be used against you should the case go in front of a judge.
Tip 2: Verify the licensed mental health professional’s license number.
You do have the right to verify the mental health professional’s credentials. You can do this by visiting the listed state’s website for the mental health professional’s licensure and entering their license number. You cannot repeatedly call or their LMHP or ask them details about their client’s disability.
Tip 3: Ask tenant for a Reasonable Accommodation Form.
As a landlord, you have the right to ask your tenant for a Reasonable Accommodation Form which would be filled out by the mental health professional that wrote the letter.
Questions a Landlord Does Not Have the Right to Ask a Tenant That Needs an Emotional Support Animal
Remember, you cannot contact the tenant’s therapist directly. There are also limits to the questions you are permitted to ask.
There are several common questions that go against the disabled person’s rights and should not be asked, examples include:
- “Do you have a disability and how severe is it?”
- “How long have you been in therapy?”
- “What medications (if any) do you take?”
- “Let me see your medical records?”
- “Have you ever been hospitalized because of a mental disability?”
- “Have you ever been in a drug rehabilitation program?”
- “How many sessions have you had with your therapist?”
- “Is there anything else at all about your symptoms or diagnosis besides what is provided in this letter?”
What Kind of Animals Do Landlords Have to Allow?
Although dogs and cats are the most common animals used for therapy, your tenant has the right to possess just about any animal as an emotional support animal.
However, that does not mean you have to allow a pet tiger or full-grown horse inside your building. Animals that pose a danger to other tenants or causes an undue financial burden to you can be denied.
Remember, that the tenant is always responsible for their animal(s).
How Many Emotional Support Animals Do Landlords Have to Allow?
The tenant is allowed, under Federal law, to have more than one emotional support animal. As long as the therapist has diagnosed these animals to help alleviate at least one of their patient’s symptoms, it is allowed.
The law does not specify the number allowed or not allowed. It would be difficult to argue against 3 dogs, but if you find that having 10 chickens in the apartment is causing a disturbance or an undue financial burden, you may have the right to deny the request.
Where is the Emotional Support Animal Allowed?
The Department of Housing and Urban Development (HUD) has deemed it possible for the tenant to bring their ESA;
“in all areas of the premises where persons are normally allowed to go unless doing so would impose an undue financial and administrative burden or would fundamentally alter the nature of the housing provider services.”
Generally speaking, this would allow the animal in all common areas of the building and the tenant’s apartment.
However, Emotional Support Animals are not permitted to roam off leash throughout the property and must be in their handler’s control at all times.
When Can a Landlord Deny an Emotional Support Animal?
This is a tricky situation; however, there are times when the law is in the landlord’s favor. To deny a tenant the Emotional Support Animal, the animal must be:
- Causing an administrative, financial, or programmatic repercussion to the premises
- Causing disturbance to other tenants
If the emotional assistance animal is particularly disruptive, or the tenant fails to take proper measures to ensure that the animal does not bother other tenants, the landlord may be justified in denying the accommodation or ultimately filing for an eviction.
What About Insurance for Banned Breeds?
Some regions are now imposing breed restriction laws. How does this affect the person with a breed restricted ESA?
According to HUD:
However, it’s not as simple as that. The landlord must then substantiate the claim with the insurance company directly. He or she must then see if the insurance company has a policy that has an exception for the assistance animal. If not, then an investigation may be launched against the insurance company itself for potential disability discrimination. We do not recommend denying a tenant’s Emotional Support Animal due to their breed.
When Can a Landlord Evict a Tenant With an Emotional Support Animal?
There may be circumstances that arise when a landlord does have a right to evict a tenant with an ESA. This will be if the person’s emotional support animal is a threat to the safety of the building or the tenants or the presence of the animal is causing an undue burden on the landlord.
What Fees (If Any) Can a Landlord Charge for an Emotional Support Animal?
According to HUD’s handbook for subsidized multifamily programs:
“A housing provider may not require an applicant or tenant to pay a fee or a security deposit as a condition of allowing the applicant or tenant to keep the emotional support animal.”
However, a landlord can charge fees to repair any damages to a tenant with an Emotional Support Animal. An emotional support animal is not a “get out of jail” free card when it comes to damages caused by the animal. Each tenant is responsible for their animal’s actions and behaviors.
Occupancy Requirements of Subsidized Multifamily Housing Programs, HUD, No. 4350.3, 2-44(E) (2013). 5
“If the emotional support animal causes damage to the housing unit or the common areas of the dwelling, however, the housing provider may charge the cost of repairing the damage.”
What Could Happen if a Landlord Denies a Tenant Based on an Emotional Support Animal
If a tenant believes they have been mistreated due to their ESA, they can file a lawsuit under the Housing and Urban Development Act within one-year of the incident.
HUD will then investigate the complaint at no cost to the disabled individual (the person can also go to the federal district court within two years of the alleged denial).
If the case is substantiated, it will then go to an administrative hearing with HUD attorneys litigating the case.
An Administrative Law Judge (ALJ) will consider all the evidence from the tenant and the landlord. If the ALJ decides that discrimination occurred, the respondent (landlord) can be ordered:
- To compensate the tenant for actual damages, including humiliation, pain, and suffering.
- To provide injunctive or other equitable relief.
- To pay the Federal Government a civil penalty to vindicate the public interest. The maximum penalties are $16,000 for a first violation and $70,000 for a third violation within seven years.
- To pay reasonable attorney’s fees and costs.
Know the Law as a Landlord
You do have rights as a landlord; however, it can be tricky. Before you attempt to evict or deny a person with an ESA, you will need to be sure you are in the right, or you could be facing some stiff penalties.
About the Author: The writing team at Service Dog Certifications is made up of folks who really know their stuff when it comes to disability laws and assistance animals. Many of our writers and editors have service dogs themselves and share insights from their own experiences. All of us have a passion for disability rights and animals.
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My landlord made me pay a pet fee for 2 dogs. I had a letter from my doctor and gave it to him before I moved in. He agreed to 1 dog then a month later made me pay for both. When I brought it up he went off saying I have to have a service dog and I don’t. He refunded me $400 but owes me about $800 or more. He made me feel very depressed and put me down like I was stupid. Now both of my dogs have passed 😥 I did get a new puppy and going to get my EMS letter from my doctor. He will give me a hard time! Please help me, he still owes me money I paid and didn’t have it.
My landlords are taking me to court over my ESA and I’ve been dealing with coronavirus for over a month, my deep depression and extreme anxiety has kicked into high gear. They put a hand written note on my door after I gave them the Doctors letter saying I need an ESA & they’re harassing me about it and now I have to go to court on the 4th to fight it. I just want to be left alone, this is pushing me over the edge😞
Patty, you may have grounds to file a complaint against your landlord under HUD rules and as a violation of the Fair Housing Act. However, you can be charged a fee for having a pet which may be why he kept a portion of your deposit. My impression is that you can have one animal. You may be entitled to a reimbursement for the amount owed. Any deposit for having a service animal, including companion animals, is considered to be punitive. You really should have your paperwork in prior to bringing home your new service animal. I’d check with a lawyer who might be willing to give you a quick free assessment over the phone. Good luck with your new puppy.
You actually can not be charged a fee for a service animal or esa. Not a deposit or a monthly fee. Also you do not need a letter for a new dog as long as your letter is still valid. Also there is not a restriction on how many esa otlr service animals you can have as long as you have a letter for each
Start with saying you have sought out legal clarification and advise. Take printed copies of the legal documents showing that he is not allowed to charge, much less collect and keep, ANY ADDITIONAL monies for your ESA’s that have previously or are currently living within your rental. Make sure to have your physician recommendation copy also. Simply explain that according to federal laws, you’ve never been required to pay additional anything for your ESA. And that he still owes you $xxx.xx. State that you were stopping by to share, AS A COURTESY, that you now have a new ESA pup, who’s name is xxxxx and breed is xxxxx.
Our Hoa has guidelines owners must follow for emotional support animals. We require a doctor note etc. Can a guest bring their emotional support animal when visiting? Can we deny them from bringing the animal?
Your question isn’t completely clear. If you are asking if you can prevent a condo owner from having a guest visit if that guest has an ESA, the answer would be (generally) “No”. If they are allowed to have guests, there is nothing you can do about the guests’ ESAs (unless the ESAs pose an undue burden).
Disclaimer: I am not 100% sure about this answer. Don’t take it as legal advice. I am quite familiar with ESA and SA law since I help manage pet-friendly, beach vacation rentals as well as a couple rentals which are not pet-friendly.
Can a manager tell you you can’t have the ESA until it is approved by the management company?
Landlords are entitled to first get a valid ESA letter from the tenant and approve the animal before it is considered an emotional support animal. Note however that landlords can only reject an emotional support animal if they have a valid exemption (for example, if they have evidence the animal is dangerous).
I am a landlord with a “no dogs allowed” policy. I recently had a tenant apply and get an emotional support dog through a licensed therapist. My question is, how do I respond to other tenants that have asked to have dogs and been denied, but now see a dog on the premise. I’m sure I have to protect this tenants right to privacy, so how do I explain the dog without revealing the reason (anxiety, depression)? Do I simply state that it is an emotional support dog and leave it at that?
Thank you!
I would allow them to ask the neighbor directly and I would not suggest saying anything about emotional support. All you need to say is “We are aware of the presence of that animal and certain laws allow that particular animal to be on the property. The property still has a no pets policy which will be enforced”. That should prevent a flood of fraudulent ESAs.
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As a landlord, a tenant signs a lease with no mention of an ESA. 2 days before moving in, they say they have an ESA. We have a no pet policy. Do we have to honor the lease since it was not disclosed prior to signing the lease and agreeing to the terms of the lease?
I would like the answer to this as well. Happens every month.
Did you go over the lease with your tenant upon signing and pointed out a no pet allow policy? Even though an ESA is NOT considered as a pet, the understanding is there is a restriction of animals. You may have grounds for not disclosing IF you asked before hand (lying on applications and lease agreement) even though you MUST accept an ESA or it would be considered as discrimination. Do NOT use the word pet, but use the word animal, again Service Dogs and ESA are NOT PETS.
We did use the language of “no pet policy” at signing the lease and she did not say anything about her ESA. Then a week later as she is already living there, she asks to get a cat for emotion support out of the blue. And then come backs and then shares that she does have a ESA of a dog.
What is frustrating to us is that she didn’t encloses this information before signing, then asked for a cat and changed her mind, and then shared she had a dog ESA and needs him to live there. So she lied and we felt was sneaky about the whole situation.
What do we have to follow as far as the ESA Law since she didn’t not disclose at time of signing lease? And the unfortunate part is, we would have been understanding of the needs of her support dog,
We include a clause in our lease stating that should any information provided on the tenant’s application not be true that their lease may be terminated. It is not specific to the one question about whether they have an animal, but refers to all information on their application. We just want tenants with good character.
We also include a clause in our lease which require tenants to disclose any emotional support animals and provide valid documentation within three days of signing the lease. It is important for the health and safety of our other tenants to promptly know about any animals on the property. Being dishonest or misleading about the presence of animals is disrespectful to others.
So if the tenant had disclosed up front, would you have offered the lease? See, you can’t have it both ways, you are in fact discriminating after the fact, because you imply you would not have leased and that would be oops, against the law.
I WOULD ALSO LIKE TO KNOW. I HAD A TENANT MOVE IN, NO PETS ALLOWED. I FOUND OUT SEVEN YEARS LATER THIS WEEK THAT THE TENANT CLAIMED THEY HAD AN ESA USING A FAKE INTERNET WEBSITE THREE YEARS AFTER THEY WERE CAUGHT BY MNGMNT WITH A VERY LARGE VICIOUS DOG. I LATER FOUND THAT FOUR DOGS WERE ON THE PREMISES. ANIMAL CONTROL WAS CALLED SIX TIMES. MY NEIGHBOR WAS BIT TWICE! I HAVE ALREADY RECEIVED ESTIMATES FOR OVER $15,000 IN DAMAGE AND TEN MONTHS NO RENT PAID DUE TO COVID. THE LETTER THEY SUBMITTED FROM A SO CALLED DR. WAS NOT A MENTAL HEALTH DR. THERE WAS NO LICENSE NUMBER ADDRESS, OR EVEN A TELEPHONE NUMBER ON IT. THIS WAS A PURE SCAM TO AVOID PET COSTS. THE LETTER IS A FORGERY. AND LET ME TELL YOU SOMETHING NASTY PEOPLE ABOVE. YOU HAVE NO IDEA WHO AND WHAT EACH LANDLORD IS! WE ARE NOT ALL RICH! THAT IS AN ASSUMPTION! I AM 100% DISABLED. I HAVE EPILEPSY. I AM IN A WHEELCHAIR. THIS TENANT WAS NOT. THIS WAS A SCAM PURE AND SIMPLE AND IT HAS COST ME TWO YEARS OF DISABILITY PAY, ALMOST $35,000! THIS WHOLE SYSTEM NEEDS LEGISLATION! I AM A NURSE. I KNOW ABOUT HIPPA, BUT THERE NEEDS TO BE A VALID WAY TO ID THESE ANIMALS AND MAKE SURE THEY ARE LEGIT. I AM DEVASTATED. MY NEIGHBORS HAVE BEEN TERRORIZED AND INJURED! AND I AM NOW LIABLE FOR THEIR MEDICAL COSTS IN ADDITION TO ALL OF THIS! THE TENANT WAS A REALTOR. THEY KNEW THE LOOPHOLES AND THEY TOOK ADVANTAGE OF THEM.
As a landlord, I know that some tenants have paid $25 online and received a ‘certificate’ declaring their unhousetrained animal is an ESA. My policy is that if you leave the property, the animal must go with you. At no time is the animal ever allowed to be alone in the property-otherwise, why do you need it? After 1 leave behind, they receive a warning, and on the second documented leave behind I file for eviction. In my experience, people don’t want to haul their pet with them every single time that they leave my property, but according to the reasons for having it, they must.
I’m sorry, but you do know that ESA animals are not the same as service animals? And as such they can’t be brought into many places that service animals would be. So it’s perfectly understandable why a tenant would leave their animal home during those times. You sound like a terrible landlord and I’m sure your tenants hate you
I hate you already…you sound like someone who would lie about a ‘comfort’ horse in a 200 sq ft studio apartment!
LOL- I have a waiting list for my 10 units. Your opinion made me laugh at you, Suze-you don’t matter in the grand scheme (that means how the world works) of things. Go spend thousands on a rental property and have trash destroy it with a “security blanket pet” and see if you change your mind-o wait, you’ll never move out of your trailer park.
C- do you understand that if that animal is so supportive, it would be with the person all of the time? I don’t pay tens of thousands of dollars in taxes so someone can scam their pets into my buildings. If they have an emotional support pet, they are 10 times out of 10 on disability-and I wouldn’t be able to get a penny of their money for the damages that their dog makes. The best policy is to not return any calls. Anyone faking through with an emotional support pet is not paying their bills anyway. Good luck to anyone that has one in their building.
What you are requiring is essentially illegal as no reasonable landlord would require such. It imposes an unwarranted hardship upon the tenant and would not be considered reasonable as per binding federal law which you are bound to abide by.
Hello Melissa,
I am a leasing manager in Michigan and our property is getting flooded with ESA’s. I think your policy of never leaving the ESA alone is brilliant and correct. Is this legal and how do you present this information to the tenant? Do you have a sample form that you could share with me? I appreciate any and all help. Thank you in advance for your prompt response. My email is
I hope you’ve set aside a large fund foe the lawsuit you’re likely to lose if any tenant challenges this “policy”. Your arbitrary policy for emotional support animals (aren’t you so “clever”) has no basis in the law, nor is it consistent with the FHA.
A tenant with an ESA may not be able to take the animal to their workplace: an ESA is not the same as a service animal, and there is no requirement that the ESA be required to be with the tenant at all times.
One of my tenants asked if she could bring her (moving) parent’s cat into a no-pet apartment. I told her it was not allowed with reasoning why the policy was in place and thought the issue was resolved. 2 weeks later, she emails me to let me know her ‘therapist’ thinks it would be a good idea for her to have a cat – and likely will bring the same cat under a new title (ESA). How convenient. What’s a landlord’s rights here.
this why literally everybody HATES landlords. get a real job like your tenants
Im sorry but this is out of control and extremely discriminatory. You don’t get to make a subset of rules that makes you feel good and smart. You have every right to verify directly a 3rd party letter. Your behavior will indeed get you sued, you are discriminating, full stop. I hope you get stopped, you have no idea how hard it is to find the right place to live and get your support animl in.
This is not true. You need to be better versed on ESA animals if you are a landlord. There are many places you CANNOT take your animal as an ESA. I would call my attorney for this! You are correct they do need a valid letter from a licensed therapist an this should be verified via each states website. BUT YOU should never require them to take them everywhere. NOT LEGAL..SORRY…..
Is that legal? Is it legal to require the tenant to bring their animal with them everywhere they go? Thank you!
Your entire comment is unbelievably ignorant as well as illegal. I hope you learn your lesson, you are not above the law.
You are so ignorant and I hope someone shows you how wrong you are in court soon! You think your opinions matter to the court? No, so not only should you keep them to yourself because you sound uneducated but do this to the wrong person and they will be owning your properties soon!
My landlord is trying to make me pay or kick me out if I don’t get rid of my support animal does anyone know any number that people can call because I gave her the letter and everything and she still saying no to my support animal does anyone know where to call to make her understand that I need my support animal😢
You should connect with HUD.gov and file a complaint. If the landlord doesn’t have any complaints about your ESA causing disturbances, and your ESA letter is up to date and valid, then the law is on your side. You may find this article on what to do if the landlord rejects your ESA interesting https://www.servicedogcertifications.org/landlord-does-not-accept-emotional-support-animal/ Good luck and fight a good fight!
Our condo allows for one pet 20 lbs or less. I have an ESA dog can I bring her with me as well.
Emotional support animals are not subject to normal pet restrictions, including limitations on weight. If you have a valid ESA letter from a licensed healthcare professional your housing provider can’t limit the size of your ESA. You may find this article on what to do if your landlord denies your ESA interesting https://www.servicedogcertifications.org/landlord-does-not-accept-emotional-support-animal/
Can property manager of rental ask for liability policy on emotional support animal?
That would be unusual and probably not allowed if other tenants were not required to pay for such insurance. That could be seen as placing an unreasonable burden on ESA owners that other non-disabled tenants are not subject to. You may find this article on what to do if your landlord denies your ESA interesting https://www.servicedogcertifications.org/landlord-does-not-accept-emotional-support-animal/
I have a tenant who just moved in and she has an ESA My question is it okay to leave the animal in the apartment while they go to work? What are the rules?
ESA’s are not required to be with their owners at all times. And since an ESA doesn’t have full access rights in public places and establishments, owners might have no other choice than to leave their ESA at home. Therefore, yes, ESAs may be left home alone. You may find this article on emotional support animal laws interesting https://www.servicedogcertifications.org/emotional-support-animal-laws/
True Megan, Landlords can not charge for Service Dogs or ESA. However the Landlord can limit the amount of animals if he can show that it would be detrimental to premises, property, or to other tenants based on the size of the living space, or the tenants ability to control of the animals. Also if there is a financial reason such as a major increase or cancellation to the property insurance, HUD recognizes that as a financial duress for the landlord and do allow refusal of Service Dogs and ESA of a rental property.
Is it possible to force a tenant with an existing ESA to give up the animal based on it being a threat to other tenants, staff and other animals in the apartment community? Tenant has been given the option to muzzle the dog while it is in the common areas and refuses. MN is under a No-Evict due to COVID so we cannot evict the tenant at this time….
Can the landlord tell u no to a esa without a date on the letter from the therapist
Any legitimate ESA letter should have a date of issue on them. The date is one way the landlord can verify if the letter is valid or not. If your ESA letter does not have a date on it, ask your therapist to revise it. You may find this article on legitimate emotional support animal letters interesting: https://www.servicedogcertifications.org/legitimate-emotional-support-animal-doctors-note/
Does an Illinois landlord have to accept an ESA letter from an online only therapist?
A legitimate ESA letter from a therapist through telehealth (online) is just as valid as any other. Just make sure it’s from a reputable provider and the therapist is licensed in your state of residence. You may find this article on how to get an ESA letter online interesting – https://www.servicedogcertifications.org/how-to-get-an-emotional-support-dog-letter/
I can understand the service dog requirement but emotional animals, I fail to understand. There are web sites who will give you the letter for $35.00. All you have to respond to are few questions.
Anyone thought of Landlord’s emotions and the turmoil they will go through, financially, administratively and there of course the damages. A Cat when urinate leaves pungent smells in your carpet which must be replaced. Dog barking leaves next door tenants without sleep. Tenants who were under NO PET building will all go and get that certificate which is easy to get on line.This is highway robbery by medical nurses, attorneys and legislatures. There is an overnight industry now for them.
There are also many cases where Landlords try to evict tenants simply because of ESA’s and pull some shady stuff. A landlord has a right to ask a person with an ESA to replace damaged property the ESA caused. Complaining how there are “fake” letters is useless because most are not fake. This company and the people behind it offer the most legitimate ESA screening on the internet.
They provide letters that are based on real questions and even talk to you on the phone. Landlord bullies who try to break the law beware.
I had 2 co-signers on a house. No pets allowed. Person A got an emotional support Pitbull, so we now have a tenant with a Pitbull. After a few years, Person A moved out, but Person B stayed and the dog stayed. When I pointed out that the dog was for Person A, Person B claims Person A is still living there, just happens to be traveling when I’m around.
A few months Person B was walking the dog on a leash around the neighborhood, and the Pitbull bit a neighbor. The neighbor is suing me, of course. My insurance claims adjuster says that under California I am not responsible bc the dog’s vicious tendencies were not known to me. But they advise me that now that I AM aware, I will be sued the next time the dog bites someone. Am I allowed to evict the dog? If not, how much insurance can I require the tenant to carry? What if I am allowed to evict, but the tenant gets another Pitbull?
Landlords are allowed to deny emotional support animals for housing if they have evidence the animal poses a safety or health threat to other people.
I agree with Sam. This is similar to people traveling with “supposed” ESA so the pet can fly for free. For $35.00 – $75.00 you get a letter from an online Psychologist, a badge and possibly a harness saying ESA. It’s just a racket to allow the pet without charges and places where pets are not allowed.
My grandson lives in the apartment above mine with his mother, a school teacher. He has an ESA for various reasons. Without the animal he would be emotionally unstable. This is in Springville, NY. Presently he is getting his Masters degree in English from SUNY, Buffalo online. He is a straight A student.
The cat never leaves the apartment. There is no damage and no odor. The Landlord now is refusing to renew his mother’s lease for the apartment, saying, “No pets allowed.” What can I do to stop this?
We suggest reminding the landlord that ESAs are not considered pets under Fair Housing rules and that ESAs must be reasonably accommodated by law.
Our tenant spoke to us about an ESA in the condo we own and rented to these people. They were told by the board that there was a weight restriction of 30 lbs. the tenant notified the board they were getting a 50/60 lb dog while verbally told us they agreed to wait a year to get a dog and got one behind our backs. We were not told they had adopted a dog and got online ESA REGRESTRATION and renewed their lease without knowing. There was now a dog in the apt. We had seen them and been into the condo apt for service repairs without them ever notifying us . They now have a larger dog in a small apt. They finally told us. What rights do we have ? They deceived us in order to sign a second lease and now say they have an ESA DOG and there is nothing we can do – HELP ! They exceeded the weight that the building allows and deceived us by not telling us and signing a second lease. Because they found we were cc’d on a balding letter they told us they had a dog. Otherwise we never had known Thank you Laurie
You should be aware that a registration is not enough to qualify a dog as an emotional support animal. As a landlord, you are entitled to see a valid ESA letter from a licensed healthcare professional.
Our neighbor complained to the landlord that my ESA dog pooped on their yard and we didn’t clean up. No proof was provided. My landlord just notified me about the complain. I asked her about the proof and she said that no pictures were provided. In case if our neighbors provide the picture next time, the complain will get official and I’ll have to get rid of my dog. Is it true? I’m in California.
It’s highly unlikely that is enough of a reason to deny someone of their emotional support animal. The best course of action is probably just making sure your dog doesn’t relieve itself in areas its not supposed to in the future.
Our Coop building has put in a rule that you cannot leave your ESA cat longer than 72 consecutive hours. That would mean I cannot travel for work, vacation, etc.even though I have a person that comes in and cares for her. Is this legal?
Rules Governing Care and Conduct
1. Health: The animal must be properly inoculated and free from diseases. All licenses and vaccinations must be
current and the animal must have an annual clean bill of health from a licensed veterinarian, of which a copy needs to be
submitted to the Ocean East office.
2. A dog shall not be left unattended in your unit for more than ten (10) consecutive hours at a time, or other types of
indoor-only animals for more than seventy-two (72) consecutive hours. Your animal must be removed from the premises
at any time in which the disabled person is not physically present for more than thirty-six (36) hours.
ESA owners are allowed to have others take care of their animals when they are away.
what can I do if my landlord is discriminating against my already existing esa dog?
The best thing is to try to come to a reasonable compromise through discussion with your landlord. If you feel however that is going nowhere and your rights are being violated, you can file a complaint through HUD.
What happens when an applicant states on the application that they do not have a dog. When they pick up the keys to move in, they hand the landlord a letter stating they have an emotional support pet. Is that fair?
In these situations the landlord must still consider the tenant’s ESA request. We advise tenants to be up front with their ESA needs, but some tenants obtain their ESAs later or disclose them at a later time.
I provided my landlord with a valid Emotional Support Animal letter from my Nurse practitioner. This was done before I moved in to where I was going to be living and to the BEST of my knowledge there has not been any type of problem. I’m not in any type of arrears on my rent, no other issues with other Tenants. Nothing at all. But tonight I was just casually talking to her son and he tells me a very shocking piece of misinformation, that she didn’t have to accept the documentation I had given her. That it was entirely up to the landlord to whether they wanted to allow the animal in their building. BUT from my understanding of the law, this is not correct. As a person with a disability, I thought I was protected by the Fair Housing Act. So is the son right or am I? At this point I suspect it’s moot. But one of my diagnosed conditions is General Anxiety Disorder so I’m feeling a little bit worried about it.
Landlords can only reject a tenant’s request to live with an ESA in limited circumstances. The main exemptions are if the landlord has evidence that the ESA would pose a safety or health hazard to others. You should ask your landlord what exemption they are relying on to reject your emotional support animal.
My landlord denied my dog of 5 years due to her not being 30b pounds or less. So i got rid of her and went through severe depression ..And anxiety without her there isn’t a day that goes by i don’t break down for her.
Landlords are not allowed to deny an emotional support animal simply because it is a certain weight.
This article states that “You cannot repeatedly call or their LMHP or ask them details about their client’s disability” and that “If you have any concerns about the validity of the letter, you should NOT contact the mental health professional directly. This could be considered a violation of the patient’s right to privacy.” Technically, this is incorrect, as there are no laws restricting someone from contacting medical professionals and asking questions. HIPAA only applies to healthcare providers and prevents the medical professional from sharing information about their patients without consent, but it does not prevent someone from asking them questions or seeking consent to share their information. It would be better to word the statement as “You SHOULD not repeatedly call or contact their LMHP or ask them details about their client’s disability, AS they may be prohibited from sharing that information.”
My neighbor has a ESA under 1 yr old and it constantly barks, cries and howls when left along.
Do I have rights as a tenant?
You have the right to live in your dwelling without disturbance. If a neighbor’s ESA is causing an issue we suggest a friendly discussion with them about it or, if that doesn’t work, getting your landlord or housing manager involved to mediate.
Do you need to get a dog license for your emotional support dog? Do landlords have the right to request a copy of proof of vaccinations? I live in Nebraska.
There is no special license specifically for emotional support animals but you may need to get a license if one is required for all dogs in your city or state. Landlords often ask for proof of vaccination to ensure the dog is not a health threat to other animals and tenants.
My tenant went out and got an emotional support paper for three dogs one is a pitbull when I asked for extra money for the pitbull. She did not have any paperwork nor did she tell me that they were emotional support animals until it’s suited her to not pay her rent she’s thousands of dollars behind in rent. I want to know if someone gets an emotional support animal to avoid a rent increase is that legal?
ESA owners are exempt from pet fees and deposits, but they are not immune from general rent payments or normal rent increases.
I just found out today that my tenant has been hiding the fact they got a puppy as an ESA. They’ve had it, I’ve found out, for 5 months. During those 5 months they signed a lease with me knowing I had no knowledge of the dog. I understand that as a landlord they have rights. But I am now curious if the lease they signed is null and void due to the fact they were not up front regarding the ESA. Can I ask for a new lease to be signed?
As a landlord, you have a right to demand documented proof that they have an emotional support animal in the form of an ESA letter from a licensed healthcare professional. During the time the animal was not an ESA, you may also be able to penalize them under the terms of the lease for having an unauthorized animal. However, HUD rules require landlords to work in good faith with tenants to resolve any issues regarding an ESA accommodation, and landlords must consider an ESA request even if it comes after signing a lease.
As a landlord, I do not believe I am disallowed from sending the Licensed Mental Health Provider a copy of the letter than LMHP signed, and asking: “Hello, I am just verifying with you that this is an authentic letter issued and signed by you. Please advise me if you or your office did not issue this letter.”
After all, the entire purpose of such a letter is to disclose a potential tenant’s right to have an ESA. And we live in the age of software that enables anyone to forge anything, using free softward and publicly available information (any licensed professional’s name, practice address & phone #, and license #). So the fact that THIS professional is THIS applicant’s LMHP, and has prescribed THIS animal as an ESA is already being shared with the landlord. Making sure that document is authentic, without asking ANY further questions, cannot possible be a privacy violation.
And if I can ask a NON-disabled applicant for prior-landlord references on a pet, of course I can ask a disabled person. That is my policy for ALL applicants with animals, so there is no discrimination there.
Interested in your comments on my comments! Thank you!
Landlords can verify that a particular LMHP indeed wrote the ESA letter a tenant submitted. Where housing providers can get in trouble is if they start inquiring about the tenant’s history with the LMHP or about specifics regarding their diagnosis or medical history.
We have a no dog policy, only cats. One of the issues is that we have an extremely small elevator and we do not want to have to force tenants to ride in an elevator with a dog in it. Also we do not want any dogs barking in the building. Many of the apartments are small, and carpeted.
A tenant moved in about four months ago with no pets whatsoever. Now she is asking about getting a dog as an ESA. Do we have to permit her to get a dog? Why can’t it be a cat?
Also can we require that she have somebody walk the dog during the day while she is at work?
If the tenant is claiming to have an ESA, they must be able to provide an ESA letter from their licensed healthcare professional. Landlords are not permitted to discriminate against an ESA based solely because it is a dog. It would also be very unusual and likely deemed unreasonable for a landlord to require the tenant hire a daily walker.
Can an emotional support animal be left with a neighbor if the owner goes on vacation without it?
ESA owners are allowed to leave their animals in the care of others.
My landlord says my ESA will have to be locked in a crate all day while I’m at school meaning she can’t even use her litterbox while I’m gone. Is this really okay for them to do?
That is not something HUD’s rules say that a landlord can do. It would be a very unusual request.
Back in April, our tenants asked if a friend of theirs could move in for a month, as she had just broken up with her boyfriend and needed to move asap. We agreed. They never mentioned she has a dog, let alone an ESA. Their lease was up for renewal in September and at that point, they asked if they could add this friend as a third roommate. When we asked them about pets, they said she has a dog. Both she and the dog have been living there for 5 months without them telling us.
We have a no-pet policy.
We re-signed the lease with our old tenants end of September and said we will think about the third person (still not knowing that a dog was an ESA).
Today, Oct 4th, this new person sends us an email stating that she wants to sign the lease, along with a letter from her physician stating “She meets the definition of disability under the Americans with Disabilities Act, the Fair Housing Act, and Rehabilitation Act of 1973.” and stating her dog is a support animal.
We feel like we’ve been tricked into this situation. Our tenants failed to mention the dog, this woman has overstayed her welcome and is now asking to sign the lease. We haven’t promised anything and haven’t spoken to her in any way.
What are our rights as landlords?
Landlords must reasonably accommodate tenants that have emotional support animals. However, landlords are free to choose who they want living in their buildings and who they sign a lease with. Housing providers have to be careful though that if they do reject a tenant, it is not because they have an ESA as that could be considered discriminatory.
My tenant moved in a dog for 4-5 months before I found out after complaints from neighbors about the dog running the neighborhood. I enforced the no-pet policy in the signed contract. The dog was removed and now the tenant has got the dog to be designated as an ESA. Before I had her remove the dog, the tenant told me that she would go the ESA route if I evicted the dog. She is using the ESA laws to get what she wants. She lived in the house for a year before getting the dog. She did not get the dog for Emotional support originally. Do I have any recourse/
You are allowed to enforce a no-pets policy if the tenant has an animal without an ESA letter verifying their need for one. However, if the tenant later submits an ESA letter in good faith, housing providers are expected to reasonably consider the request.
If the mobile home park where the landlord owns a rental has a one pet limit and a weight limit for that pet, can a landlord then deny an ESA?
ESAs are exempt from weight restrictions as well as restrictions on the number of pets you can have.
What about a tenant that sends a text stating she has a puppy that she is fostering for two weeks and wanted to know how to get approved. When the Landlord denied the puppy because of the other tenant living in same unit already had a dog, the tenant informed the landlord that her mother suggested getting a ESA. What about this situation?
To qualify for an ESA, the tenant must be able to provide a valid ESA letter from their licensed healthcare professional. If they do not have a letter and you have a no-pets policy, you may be able to deny accommodation of their pet.
I had a tenant moved in back in 2018 with an emotional support Cat- then this september 2022 she got a dog – not as an emotional support dog, she paid the pet deposit and rent for the animal. I believe she still has the cat as well, about a week ago she brought in a doctors note stating her dog is also now and emotional support dog. She is wanting the deposit refunded for the dog, Is that something we have to refund as it wasn’t an emotional support dog at the time she signed for it. Also are they allowed to have more than one emotional support animal? I’ve seen some places where the law states they are allowed only 1 animal
Tenants are allowed to have more than one emotional support animal as long as each is covered by an ESA letter. Pet deposits must also be refunded for valid emotional support animals.
I have a dog Pitt bull hound. Property management called me and said that neighbor complained because he barks once a while at night. Can the management evict me ?
Its very unlikely a landlord can evict a tenant simply because their ESA is barking loudly once in a while. If the dog is creating an unsafe situation, or creating an habitability issue for a neighbor, that can be a different story.
I have an existing renter who told me that she will be getting a service dog (likely in the net few months). I have absolutely no issue with her having a dog. However, I have had to speak to this tenant many, many times about the condition of her apartment (which is the basement of my home). She is a hoarder and the cleanliness of the basement is terrible. This has been going on for years. I have an existing rental agreement with her that establishes keeping the basement clean or it can be used as a means for eviction. I am scared that is she gets a service dog, I will never be able to evict her…and she has already eluded to the idea of legally fighting an eviction.
So my question is, as a landlord, do I have the right to evict someone with a service dog for other reasons than the dog itself? Am I opening myself up to the potential for a future lawsuit?
A tenant with a service dog can still be evicted if they violate the terms of their lease or create an unsafe condition. Landlords can also deny accommodation of a service dog if they believe it will pose a danger or threaten the health of other tenants. Having a service dog does not excuse a tenant from following basic building rules even though they may be exempt from pet policies that would otherwise prohibit their animal.
I have a tenant that was served a notice in 11/2022 due to an unauthorized pet-dog. (He already has two-cats that are on his lease.) I had not seen or heard of the dog since. On 12/02 I received a notice stating that the dog is an ESA; however, the letter is violation of California AB 468 since the LCSW providing the letter was licensed in California on 11/17/22 and the letter is dated 11/27/2022. One requirement of the law is that they have an established therapist-patient relationship of at least 30-days. The tenant, at the most, was a patient of this therapist for 10-days. This law was intended to specifically curb misuse of ESA protection as a defense for an unauthorized pet. What is my recourse?
That is correct, in California the tenant must have had a relationship with the therapist or doctor for at least 30 days. As a landlord, you may be able to deny the ESA based on this requirement.
Would this still apply to Florida or are there any different rules and applications that come in to play?
Emotional support animals are recognized in every state.
I’m trying to understand, or verify, if the fair housing laws related to ESA or even Service Animals are applicable to private landlords (i.e., I own the home and act as the landlord myself, not using a property management company)? I ask this because I’ve found other laws, such as “rent cap” and “just cause eviction” provisions provided by Civil Code Sections 1947.12 and 1946.2 are not applicable to private landlords. It’s not that I’m against supporting folks who need service animals or even ESAs, I’m just trying to understand what my rights are in this area.
Private landlords are also subject to Fair Housing rules, but the following smaller landlords are exempt: 1. owner-occupied buildings with no more than four units and 2. single-family houses sold or rented by the owner without the use of an agent.
As a landlord are we allowed to require that a tenant give us veterinarian records for their ESA and also have them sign a Lease Addendum stating they must provide up to date vaccination records yearly as well as provide a yearly doctor’s note that they are still under the doctor’s care to have an ESA. Asking in Pennsylvania.
Requesting vaccine records to check on the health of the ESA is fairly common. However, a yearly requirement for a doctor’s note would be unusual.
I’m renting my condo to an older lady who’s emotional support dog is a pitbull. The dog is aggressive and has become a real problem. A longtime friend who still lives next door in the complex told me my tenant’s dog scares the children because he barks at them when she takes him outside and has lunged at a teenage boy like he was trying to attack. A few weeks ago the dog went after a neighbor walking a small dog and in the process of the attack, dragged my tenant about 20 feet across the yard as she held on for dear life. I tried to have a conversation with her but she told me since her dog is an ESA that I have no authority to request her dog wear a muzzle or rehome him. Now the dog has attacked another person’s dog and my tenant was severely bitten several times on her hand while breaking up the fight. This dog is aggressive, unpredictable and too strong for her to handle and she just throws the ESA in my face when I try to talk to her. I’m scared the problem is going to escale and quite surprised I haven’t heard anything from the HOA. Can I request her to rehome the dog and evict her if she refuses to comply??
Under Fair Housing rules, a landlord has the right to reject an emotional support animal if it poses a threat to the health and safety of others.
While I understand that I cannot discriminate against tenants with a valid ESA, can a tenant be evicted for other reasons such as non-payment of rent, smoking, illegal drug use or other violations of rules they agreed to in the lease?
Yes, a tenant can still be evicted if they are not complying with other terms of their lease. A landlord is not expected to put up with a non-paying renter or someone breaking the law just because they have an emotional support animal.
I live in a 55+ Mobile Home Park .
My neighbor has acquired a Pit Bull , who is aggressive.
This animal has already demonstrated Agressive
Behavior toward residents.
If the owner obtains an ESA certificate,
Can he be evicted ?
This animal is a threat to Residents and their pets .
What can I do ?
Having an ESA letter does not absolve the owner from their duty to have a well-behaved and safe animal. An ESA can be evicted from housing if it has exhibited dangerous action towards other tenants.
I’m having issues with the new management even with proper paper work for my dog as an emotional support animal because I have ptsd. She still insists on charging me fees.
We suggesting pointing out HUD’s rules for ESAs. Your landlord may not be aware of them. You can find a direct link to their rules here: https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf
We have a small elevator in our building can we restrict a comfort animal from using the elevator ?
An ESA owner generally has the right to use common facilities that other tenants use as well.
my upstairs neighbor’s emotional support dog barks very regularly at all hours of the day. Over the last 2.5 years I’ve filed countless noise complaints with the apartment, animal resource officers from the county have shown up to their front door step on more than one occasion, as well as a signed affidavit that was submitted to the county. Unfortunately, there has been no improvement. It is a huge disturbance. My apartment is afraid to do anything in fear of the fines associated with ESA – given all of the documentation it feels like I have ground to stand on though – what should I do?
Tenants do not have to put up with an ESA that is creating a constant disturbance. Your landlord should get involved to try to mediate the situation.
Seems unconstitutional in regards to property rights of the landowner falling under unreasonable seizure
There is no seizure of property for an ESA accommodation. It is simply an accommodation to pet restriction rules so that the landlord’s disabled tenant can have their assistance animal with them.
my tenant signed a 2 year lease in 2018 with a pet deposit agreement. She never mentioned ESA.Then 2020 came, she signed a new 3 year lease and did not mention ESA. the dog died 6 months ago. Now she is moving out this month and claims her pet was an ESA and I need to give her money back?
If the tenant is claiming that their animal was an ESA, you are entitled as a landlord to see a valid ESA letter from a licensed healthcare professional that covered the tenant for the time period in question.
The ESA is not justification for breaking the lease – it just means you had to accommodate it.
Tenant is responsible for the lease.
Hi! I currently live in an apartment where animals are prohibited, but I currently have one licensed ESA with me. I know that people can have more than one ESA, but can they have multiple in a rental that doesn’t typically allow pets in Wisconsin? Thank you!
To qualify for an ESA, you need an ESA letter from a licensed healthcare professional that covers each of your animals: https://www.servicedogcertifications.org/esa-letter/
I’ve been living in my apartment for 2 years and I recently got an ESA back in June and my landlord is giving me a hard time. My lease is up in September and I gave them notice back in May that I was leaving but now they are saying I need to leave by the end of august and I’m not getting my security deposit back. Are they allowed to do that ?
We’re not clear on why your landlord is asking you to leave, but if the reason pertains solely to your need for an ESA that could be considered discriminatory under Fair housing rules.
Our apartment has a no dogs policy but I got my ESA paperwork and then my dog and before I could show them my paperwork they gave me a notice to vacate in 30 days. They said that i didn’t bring them the paperwork before getting my dog and violated my lease. I know as an ESA she isn’t considered a dog or pet so is she legally allowed to make me leave or should I go to court and risk an eviction?
Under HUD guidelines it seems landlords are still expected to consider an ESA accommodation request, even if it comes later than it should have.
I received a lease termination letter from my landlord because of my ESA. I moved into my place a month and a half ago and now they decided that they don’t want my ESA here. Can a landlord do that?
Landlords must have a valid exemption if they are rejecting your emotional support animal. For example, if they have evidence that your ESA caused significant properly damage or threatened the safety of another tenant.
I was told that I have the right to deny ESAs under the right that my rental is a single family unit, and I’m not using an agent. Is that true?
Owner-occupied buildings with no more than four units and single-family homes sold or rented by the owner without the use of an agent are indeed exempt from ESA rules.
I have an ESA dog of 4 years.
She was being protective and bit another dog on property. The landlord told me that I had to remove my dog immediately. Is that legal?
Texas
Landlords have the right to deny accommodation of an ESA if it has exhibited aggressive behavior towards other tenants or animals.
My landlord is trying to charge me for the past months that I have lived here with my pet. Granted my Pet had been my psychiatric as well as ESA for over sometime now prior to moving into the unit however the landlord was not informed can they still charge me for the past months ?
If your landlord charged you a pet fee during a period of time when it was a valid emotional support animal, you may be entitled to a refund. However, this would depend on whether you submitted an ESA letter that your landlord accepted. Your landlord does not have to treat your pet as an ESA if they did not receive a valid ESA letter. If you need more information on how to qualify for an ESA letter, please see this guide: https://www.servicedogcertifications.org/how-to-get-an-emotional-support-dog-letter/
I have a tenant that moved in and in their application never said anything about an esa. 4 month into their lease they brought in a pit bull. I told them their lease said no pets. they said it was an ESA. They provided a online letter from a therapist and not one from any therapist local that can be verified. I have informed them I am not renewing their lease. They threatened to sue and I said go ahead. i am under no obligation to renew. Do they have a case?
If the tenant has a valid ESA letter, you must reasonably accommodate their emotional support animal under Fair Housing rules. Getting an ESA letter from an online therapist is acceptable, but the letter should have the therapist’s license number on it (and they should be licensed to practice for your state). If you are a smaller landlord, you may be exempt from these rules: owner-occupied buildings with no more than four units and single-family homes sold or rented by the owner without the use of an agent do not have to accept ESA letters.
My landlord fined me for having an emotional support animal without approval.. fine is $2000. Are they allowed to fine me even though I provided documentation when requested?
If you provided a valid ESA letter your landlord should not be able to fine you, unless they had a valid reason for rejecting your ESA request. Valid reasons would include things like if your ESA posed a health or safety hazard to others.
I currently moved into a one bedroom house and I informed my landlord that I have a esa. She told me that I am not allowed to have my esa due to her previous tenants pet destroying her home. I informed her that my esa is trained and that he wouldnt cause any damages to her place. She told me that she will give me my deposit back and that she sends her sincere apologies but she will not agree to do pets. I’m not trying to move again but I’m not trying to get rid of my esa. HELP
Sorry to hear about the trouble you’re having with your landlord. Landlords can’t reject an ESA just because they don’t like animals. If you provided your landlord with a valid ESA letter, then they have to accommodate your need for an emotional support animal unless they can cite an exemption. You can read more about ESA letters here: https://www.servicedogcertifications.org/esa-letter/
What recourse do we have if tenant is allowing ESA to use all common areas as it’s personal toilet and never cleans up
You can reprimand or fine the tenant in accordance with your building rules. ESA owners are always responsible for cleaning up after their emotional support animals.
My ESA dog has caused some damage in my apartment but I’m paying for it and the landlord said I had to get rid of her are they allowed to do that
You are certainly responsible for paying for the damage caused by your ESA, but whether your landlord can evict your ESA is a more complicated question. They might have the right to do so if your ESA poses a safety or health risk to others, or if the damage they caused was significant. However, these are high bars to meet – landlords can’t evict emotional support animals over minor issues or small infractions. The landlord should also explore if there are ways to accommodate your ESA while meeting their concerns for health, safety or damage to property.
I live in an apartment complex and myself and my two small dogs have been threatened on multiple occasions by an aggressive and very large Rottweiler. Our apartment manager has stated she cannot do anything about it because the dog is registered as an ESA. This issue has caused me anxiety and stress, every time I leave the apartment I am on edge and looking for this dog. What can be done about an aggressive dog that is registered as an ESA? It’s not fair I have to live in fear because the owner hasn’t properly trained his dog, refuses to muzzle it when outside the home, and consistently struggles to maintain control of the dog when it sees other animals. Rottweilers are a restricted breed at my complex but that also doesn’t matter. I would like to get this issue resolved BEFORE the dog attacks a resident or dog. Any advice would be appreciated.
All emotional support animals must be well-behaved and safe for all residents. ESAs cannot be denied on the basis of breed, but they certainly can be if they have exhibited dangerous behavior. If you have evidence this particular dog has been aggressive, we suggest bringing that up again with your landlord. That is certainly something they should address to maintain safety for all residents.
We have an existing tenant, in a building that does not allow dogs. He has been with us three years, great guy, knows the rules. He now has a girlfriend, that he says will soon be his fiancé, and they want to move in together. She has a dog. He says it’s an ESA. He also states that he knows that we “…cannot prevent her from moving in with him due to the Fair Housing Act”.
While I understand our hands are somewhat tied with a NEW applicant, this area seems very grey to me. He’s coming to the end of his 3rd year (we gladly renewed each year) and knows the house rules. He wants her to move in and while he called to discuss which we appreciate, he’s also taking a hard stance that he really didn’t have to as we cannot say no (for the reasons above), which actually is not the case. Animal or not, we ALWAYS reserve the right to vett and approve any new roommates, (for all of our tenants protection) so he would be in violation if one day she was living there without properly applying…As an established tenant that clearly knew our house policy, isnt this different than a new face coming in and applying for residency?
Scottsdale, AZ
You would have the right to vet any new tenant and to run through your customary approval process for tenants. You could not however discriminate against the new tenant solely because they have an emotional support animal. In addition, you are entitled to see a valid ESA letter signed by a healthcare professional to verify that the new tenant has a genuine emotional support animal.
A landlord sent maintenance into an apartment to change batteries in the lock a couple of hours after the tenant specifically told them not to enter her apartment and she would change the batteries herself. She was at work, they entered her apartment without any notice and without her permission. The landlord says that her ESA (dog) bit one of the maintenance men and she has to get rid of her ESA or she will be evicted. Her ESA is not a danger to anyone and has never had any problems. There is no way to know what caused the dog to bite the person who illegally entered her home. Can the landlord evict her if she does not get rid of her ESA? Obviously, if she had Bern given legal notice of entry, she would either have been home or would have put the dog in the bedroom with the door shut.
This is a complex legal situation that we are unfortunately not qualified to advise on. We would recommend seeking the assistance of an attorney with experience in housing matters.
Can a landlord restrict residents with ESA animals from leaving them at home alone and disposing of their ESA’s waist in the properties dumpsters?
Landlords cannot prevent residents from leaving their ESAs home alone. Unlike service dogs, ESAs do not have public access rights. As such, it’s necessary for most owners to leave their ESAs at home sometimes while they run errands, go to work, attend school, etc.
I have a resident who has lived in our community for 2 years with his dog. Today he comes into the office with a request to have his dog registered as an ESA and avoid the monthly pet fee. Can he do that? We are pet friendly and there is no issue with the breed and he has had the dog here for 2 years but now he claims it’s an ESA…
If your tenant is claiming they have an ESA you are entitled to see proof as a landlord. You can request that the tenant show a signed and dated ESA letter from a licensed healthcare professional.
I am a disabled person living in a group home where we have aides who help us with bathing, eating, cleaning, etc. I have a cat who is my ESA. The home recently hired an aide who is afraid of cats. When the aide works her 12 hour shift, the home is locking my ESA in my en suite bathroom. I have no access to my ESA during these hours. Can they do this?
In your situation, we would recommend asking your home to assign you an aide that can better help with your needs. An emotional support animal is necessary for the mental wellbeing of its owner, and being separated from it for that long of a period can certainly be detrimental to health. You should emphasize how important your emotional support cat is to you, and that your ESA letter gives you and your ESA housing rights which they have to accommodate.