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As with service animals, tenants with ESAs have several protections that you, as the landlord, must respect, such as:\u00a0<\/span><\/p>\n Just because a tenant has an emotional support animal doesn\u2019t mean the rules don\u2019t apply to them. The last thing you or the other tenants want is to hear an emotional support canary singing at 3 am.\u00a0<\/span><\/p>\n If the animal is or becomes disruptive at any time, you can SUGGEST training or behavior lessons before filing for eviction. <\/b>The keyword here is <\/span>suggest<\/span><\/i>; you cannot require your tenant to get their ESAs to training.\u00a0<\/span><\/p>\n However, landlords can file for eviction if the animal continues to be disruptive or dangerous. <\/b>What\u2019s important here is, like always, to document everything you can so that, if worse comes to worse, you have proof that can support your eviction.\u00a0<\/span><\/p>\n No, as per the Fair Housing Act, landlords cannot charge additional fees for emotional support animals. <\/b>Since emotional support animals are not considered pets, you cannot charge the tenant an additional pet fee, refundable pet deposit, or ongoing pet rent.\u00a0<\/span><\/p>\n However, if the animal causes any damage or harm to the property, you can deduct that amount from the initial security deposit. <\/b>Ensure that the tenant is fully aware of their responsibility regarding damage done to the unit by the animal within the lease contract.<\/span><\/p>\n Unfortunately, <\/span>even if your insurance doesn\u2019t cover emotional support animals, you cannot use it as grounds to reject a tenant. <\/b>This falls within reasonable accommodations, but, again, you can always charge the tenant for any damages their ESA inflicts on your property.\u00a0<\/span><\/p>\n Even though landlords are usually legally required to allow an emotional support animal, some circumstances allow for the rejection of the animal. Examples include:<\/span><\/p>\n In a perfect world, no one would abuse laws designed to protect the disabled.\u00a0<\/span><\/p>\n Unfortunately, there are plenty of renters who don\u2019t suffer from a disability who take advantage of Fair Housing laws to game the system.<\/strong> Scamming websites offer fake certifications or documentation stating that the animal is a service animal when it is not.\u00a0<\/span><\/p>\n Don\u2019t expect much in the way of legal protections against these scammers. <\/b>If you ask the tenant screening questions outlined above and the tenant and animal meet the qualifications, you have little choice in the matter. You cannot reject their rental application because of the animal and must allow it to live in the unit at no extra charge. Otherwise, you face <\/strong><\/span>Fair Housing lawsuits<\/a> over discrimination.\u00a0<\/strong><\/p>\n As per the Fair Housing Act, landlords are legally required to allow emotional support animals or service animals.\u00a0<\/strong><\/p>\n However, you are also protected by law if the request is unreasonable, the animal is disruptive, or the tenant is a scammer. Handle rental applications that include emotional support animals with kid gloves, knowing you risk a Fair Housing lawsuit if you overstep the line.<\/span>\u2666<\/span>\u00a0<\/span><\/p>\n Do you allow pets in your rental properties? Have you ever run into trouble with emotional service animals?\u00a0<\/span><\/i><\/p>\n<\/div>\nRequire ESAs To Go To Training<\/b><\/h3>\n
Charging Additional Fees<\/b><\/h3>\n
Deny A Tenant Due To Insurance Noncoverage For ESAs<\/b><\/h3>\n
When Landlords Can Reject an Applicant with an ESA<\/b><\/h2>\n
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How to Handle Tenants Scamming Fair Housing Laws<\/b><\/h2>\n
Final Thoughts<\/b><\/h2>\n