Tenants Guest wanting to keep an ESA at property

[Ashly McGlasson]

Hey BP! 

So we just purchase a property about a month ago. One of the tenants had his uncle staying with him after a separation, he must have started staying there right before we closed and took possession. Well the uncle brought with him two giant german shepherds. After we closed we told them we weren't allowing any pets over 40lb and that would be once we sign new leases. The actual tenants current lease say no pets. 

We gave them to weeks to find a new place for the dogs, they got rid of them before the end of the 14 days. Then today the Uncle asked if he can be added to the lease and now he has a "certificate" that his dogs are emotional support animals. 

After talking with my lawyer he think just telling them we are in a legal binding contract with the tenant, and his contract says no pets, that we can stick with the current lease of no pet policy and won't be be discriminating against anyone because the uncle and his dogs aren't even our tenants. 

Just wanted to get others opinions on the matter. Also, I'm in Illinois if that makes a difference. 

[Nathan Gesner]

Ok, more bad advice above.

First and foremost, the uncle is not your tenant. You should stop communicating with him, period! Your communication should be with the legal occupant only. Give him written notice that the Uncle is not an authorized tenant and should not be living in the unit. If the tenant asks to add him to the lease, deny it and tell him he can live alone per the lease or he can move out.

Even if Uncle were a legal occupant, there's no such thing as a "certificate" for an ESA. It's probably a fraudulent document purchased off the internet. HUD has already said those can be rejected. An ESA must be prescribed by a qualified medical professional and there can only be one ESA per disability.

Again, it's a pointless discussion. He's not on the lease, he should not be allowed to stay for more than a couple weeks (or whatever your lease allows), and if the Tenant refuses to remove him then you have the right to terminate the lease and get rid of both of them. My preference would be to hit the tenant hard and tell him to straighten up or get out.