Landlord Question and Answer Forum

What does the Law reads in California regarding renting to a person that has a service dog? Can the tenant ask for a proof that the dog is actually a service dog?

I found these laws a while back when a prospective tenant was applying to rent out my property and they had a service dog. Because of the Americans with Disabilities Act these laws supersede any local or state laws. From what I understand you cannot charge a pet fee but you can charge as a tenant would be charged for damages at the end of the lease. Yes the Landlord can request verification of the animals certificate and they must fall under titles II and III of the ADA, to be considered service dogs. A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence. People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals. If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal.

Posted by Susan P, CA on Wednesday, December 11, 2013