Managing Emotional Support Animals

[Greg Franck]

Hi All,

Just wanted to solicit some feedback from those with more experience around tenants with emotional support animals.  To shorten the whole story, basically during a renewal of a tenant they mentioned that they now have a dog and it has been registered as an emotional support animal. This occurred in a matter of days, we believe that the dog was probably on site prior to us engaging the tenant around their plans at the close of the current lease. Upon our request for validation of disability, the tenant provided paperwork to include vet records, the Emotional Support Animal (ESA) registration form, and a "doctors" note stating they have anxiety and need a dog. We are currently in the process of renewing the tenant regardless as they have been a responsible tenant in the apartment. Based on this we have no reason to believe that the tenant would not be a responsible pet owner as well. 

That being said we are disappointed in the tenants approach to this matter. The first issue we have is in regard to our breed restrictions which are clearly outlined in our leases. The dog the tenant got is a pitbull, which is in violation of the restrictions we have in place. However due to the registration of the animal as an ESA we are not able to enforce breed restrictions, charge a pet rent, or charge non-refundable deposit. The first concern aside, secondly we have concern around the animal becoming a nuisance to other tenants in the building. This last point is really the focus of the post....

Have any of you had to deal with an ESA that has become a nuisance at a multifamily or other property?  If so how have you managed through the situation successfully? Any constructive feedback or discussion is welcome.

[Greg Franck]

@Theresa Harris thanks for the reply, I am in line with that thought process fully. We have no issues managing tenants and issuing notices for lease violations or other disturbances. In addition we have a Pet Addendum that I will be changing to ESA Addendum which the tenant will need to sign as part of their lease. The Addendum outlines proper care, vet / vaccination requirements, and behavioral expectations for the animal. It also gives the landlord rights to request the removal of the animal at anytime. Whether this would hold up in court if challenged for an ESA I do not know.