Landlord Question and Answer Forum

I have a tenant that has been in our property for almost 2 years. For the most part she is good and usually pays on time. Tonight she asked if she could get a dog as it was recommended by a doctor for her child. The lease clearly states no animals. I did some research and decided because she is a good tenant I would charge a $250 pet fee and an additional $25/month on the rent. She stated that under Federal housing laws, because this is an emotional support animal I am not allowed to charge a pet fee or a monthly fee. I did some research and unfortunately it seems this may be true. I did find one section that is quite interesting though that may make me exempt from this law. This states "(1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any one time: " https://americandisabilityrights.org/fair-housing-act Being that I own 2 rentals and I did not use a rental agency to rent this property, can I legally deny her request for an animal and charge fees? I am not trying to rip people off, but I really HATE the idea of an animal being in my property and possibly causing damage and there is nothing I can do about it. FYI this is in Henrico VA (right outside Richmond).

No. It is not true. "Emotional Support" animals are not protected by ADA regulations. Additionally, even if they were, you can still charge a pet fee/rent modification. ADA regs only protect a tenant from being denied an apartment based upon having a pet. Notes from a doctor are not the same as ADA certified.

Posted by Matthew M, IL on Monday, March 2, 2020

When does their lease end? are they on month to month? just raise the rent. with lease renewal.

Posted by Scott H, VA on Wednesday, March 4, 2020

Please check with local state laws, here in California ESAs are covered by HUD, which governs the state laws. So although ESAs may not have the same protections under the ADA in my case, they are protected by HUD. Good luck

Posted by Ricardo C, CA on Friday, March 6, 2020

There are federal and state laws regarding ADA service animals and ESA animals. Look at the state laws regarding ESA pets in your state. While they are not the same there are laws protecting people with ESA animals in rentals. My reading on these animals it is clear that you cannot charge pet fees or pet deposits. You can ask for veterinary docs regarding vaccines and care. You can ask if it is a service animal (ADA) and what service it provides for a disabled person. Some ESA pets provide comfort, emotional support. Its a little fuzzy with the ESA. You are right in being concerned. Just had a tenant who snuck in a pit bull dog with a no pet lease. He is disabled. He lied and said he was pet sitting. Informed no dogs or pets regardless. Lied still afterwards when dog still on property. I am grateful he was on a month to month lease. The best thing I ever did with his lease renewal 2 years prior. I was suspect he would do the ESA thing, ugh. On a month to month lease in FL you can terminate the lease with 15 day notice or whatever you have in your lease. So I could terminate without cause. An ESA would have given him consideration by a judge and it would have been costly or even impossible to evict. Ugh. Be well read on this pet stuff or you could have a lawsuit coming your way. The dog caused major damage btw. Wall damage, base trim completely damaged, urine into the drywall, destroyed door. Holdover tenant, damages exceeding sec. dep but clicking my heels he's out. No sense filing any damage claim in court, you'd never see a dime. The Landlord life.

Posted by John K, FL on Saturday, March 7, 2020