Legal

Assistance and Support Animals


A common concern we see from self-managing landlords and our clients alike is whether or not they have to accept emotional support animals at their property. Many home owners do not feel comfortable with the presence of pets in their home.

Many owners have a perception of pets in the home as a threat to the home's condition after the tenants move out. While it is true that pets can cause damage to the home, we have found that this is not typically the case. We have found that the benefits outweigh the cons when it comes to allowing pets in your property. 

Emotional support animals (ESA), along with service animals (which are categorized differently than ESA's), are legally required to be accepted at rental properties as it is a documented need for the individual living there. It is imperative that you know the laws surrounding animals and pets residing on your property. Emotional support animals and service animals are not legally classified as a pet. 

Service animals are either miniature horses or dogs, and is allowed to go anywhere their owner goes. You can not ask them to  verify the reason they have the service animal. With an emotional support animal, you are allowed to verify the need for having an emotional support animal in the home. 

As a landlord, you have the responsibility of being up-to-date on the laws and to ensure you are compliant. They are not considered pets legally, and are considered an extension of the person. Therefore, you can not charge a pet deposit or pet rent if it is covered as a service animal or emotional support animal. If you deny an emotional support animal or service animal, you could get taken to court. 

Many owners may feel concerned of confused about their options when confronted with a tenant who lets them know they either have, or will be bringing, a service animal or emotional support animal. Although we recognize the concerns that home owner's may have, we believe that there are a few ways to approach this that will benefit the tenant and yourself in the long-run. 

We believe that hiring a third party who can verify the need or ensure you are following laws and are compliant is best practice. They can contact healthcare providers and ensure it is valid. If it is valid, it is legally considered part of the person, and is not considered a pet and it is essential to meet local, state and federal guidelines. In the video we discuss that many individuals did not fill out the application to screen their need for an emotional support animal or service animal, and 18% were rejected due to fraud. By screening applicant's requests, you are able to rule out many people who are looking to circumvent the rules. 

Watch the full video to learn more about emotional support animals, and whether or not you should consider allowing pets at your property. If you are interested in receiving any additional information, reach out to us by filling out our contact form! 

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