Tenant wants a dog but no pet policy

Tenant wants a dog but no pet policy

Member since 2021 · 12 posts · 6 votes

ello! I recently purchased a duplex and own a few more rental properties. When I bought this duplex a few months ago we had tenants already in the building. Awesome tenants! They have 4 kids, have never paid a day in 24months, pay their utilities on time, house is always spotless and the outside is always picked up. We were afraid we would lose these tenants when we bought the property so we offered to have them sign a new lease and they will be staying until at least April 1st 2023. Our lease says no pets. Today I opened up my mail and received a letter from a legit mental health professional in the area stating the young lady was prescribed an ESA. The tenant also sent me a personal letter explaining her situation to me. She has suffered with PTSD, anxiety, and trauma induced bipolar since her mother’s murder suicide a couple years ago. She walked in and saw the scene and said she hasn’t been the same since. Anyways, she also said that she didn’t want to go the ESA route but she knew it would be a battle with our no pets policy if she asked me first. Which I can kinda understand because we are new owners. She also stated she has purchased renters insurance to include pets, and offered to talk privately and offer me a monthly fee and small deposit to help out if there are any damages. She also said dog is crate trained for when she has to run errands. I’m pretty sure she already adopted the dog. Even though this isn’t allowed with ESA can I accept a pet fee and deposit if she is willing to keep the peace ? I’m not excited about this. Dog is a maltipoo and is 12lbs. But I’m just unsure about the whole thing, it sounds like this tenant has a real emotional need so i don’t think it’s a fake. It came from a real doctor she has been seeing monthly for a year. Any advice? I wish she would of brought this up before we signed a new lease. Am I stuck?

Thanks!

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Russell BrazilBusiness Member
Moderator
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
4y

No pet deposit. No pet rent. The dog is to be treated no different than if the tenant had a wheelchair. Disability is a protected class under the Fair Housing Ammendments Act of 1988. Please reference HUD Guidance Memo FHEO-2013-01.

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  • Portland, OR · Member since 2018 · 21 posts · 19 votes
    4y

    @Tessa M. I’d allow it. They sound like great tenants and willing to pay extra. I wouldn’t worry about it at all.

  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    4y

    Hi Tessa,

    Maltipoo dogs are cute...but that should not effect your decision...but it might.

    Good Luck!

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    4y

    No pet deposit. No pet rent. The dog is to be treated no different than if the tenant had a wheelchair. Disability is a protected class under the Fair Housing Ammendments Act of 1988. Please reference HUD Guidance Memo FHEO-2013-01.

  • Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    4y

    I take it you're not living in the duplex? If you aren't and it appears this is a legit ESA animal, then there's not much you can do about it. I detest the ESA law because it essentially wrests control of property management from the owners. However, it sounds like you wouldn't have a valid reason to refuse it (and it's probably already there). I've found that since we changed our pet policy from no pets to some dogs allowed with extra fees and rent that there have been less (none) esa surprises. 

  • Member since 2021 · 12 posts · 6 votes
    4y

    I am not living in the duplex. I guess the upside is this young lady seems to be honest and could benefit from an ESA, I am highly annoyed by people who do not have the need and try to lie their way in with fake online registrations but this seems valid. I guess it could be much worse. Thanks everyone! 

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    I am usually firmly against ESAs because of all the fraud associated with the industry, the fake Doctors, Etc....Also the fact that the government is essentially taking control of private property is a huge deal-breaker for me.

    But - this sounds like a legitimate deal from what you have said....probably best to just go along since she's a great tenant. @Russell Brazil says you can't add an extra fee for ESA, but if she is offering, maybe just reword the lease to incorporate a rent increase that ostensibly be used for any animal damages.....

    Tough one.....

  • Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
    4y

    This sounds like it may be one of the rare cases where it is a legitimate need.  I kept waiting for you to say it was a pitbull and was surprised to see it was not.  She could have snuck it in and there isn't much you could have done so it seems like she going the right route by letting you know.  Tell her she needs renters insurance that covers the dog if she doesn't already have it.  The risk is low of it hurting anyone but renters insurance can cover other things.  It is nice for her to offer a deposit and extra rent however this is not legal to take and I would suggest against it.  Sure she is ok with it now but if the relationship sours this is something that can come back in a bad way.  

  • Member since 2020 · 9 posts · 2 votes
    4y

    I agree with Craig. 

  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    4y

    As @Russell Brazil stated, you legally cannot charge a pet fee or pet deposit. Even if the tenant is agreeable to doing it, I would not charge them. This could later be used against you in legal proceedings. 

    Her story is unfortunate, but irrelevant. You do not decide who is worthy of an ESA. That is for a medical professional to designate. Just like a prescription.

    For future reference, I would avoid lease terms over one year. As you can see in this situation, you were afraid of loosing the tenant, but they used the lease to manipulate you. Long lease terms always protect the tenant more than the landlord.

    Do regular inspections and evaluate come lease renewal. Don't be afraid of vacancy and finding new tenants. There is an unlimited supply of good tenants. I say that after 15 years of doing this.

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    4y

    You can check out the "professional" that issued the letter!

    Many of them are fakes on the internet. Many legitimate professionals, are doing illegitimate letters for the money - like being in a different state and never meeting thir "client", so how could they treat them?

  • Member since 2021 · 12 posts · 6 votes
    4y

    Thanks everyone! How many inspections are too much? I was thinking once every 6 months or just a yearly one. They’ve been here for almost 3 years and there’s been no damage so far so I’m not too concerned with that. Also, this letter was from a licensed psychiatrist here in our town, that she has seen monthly and every two weeks some months. I verified this. 

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