Emotional Support Animal causing noise complaints in a long-term-rental

Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes

I had a near exact problem and I'm also in CA. Pet, ESA, or legitimate service animal, it doesn't matter. They all have to follow the rules. They cannot disturb other tenants.

Inform the tenant that their dog is causing a disturbance and that they have X days to rectify it. If they try to pull that ESA crap, let them know that all animals have to follow the rules legally and that just because it is an ESA they are not magically exempt.

If they complain, tell them to print out a copy of the law that says otherwise. Any quick search on this issue will clearly say that the animal cannot cause a disturbance to others. That would not be a reasonable accommodation.

4 Reply

Laura Stayton

Property Manager · DE · Member since 2023 · 248 posts · 133 votes

1y

Quote from @Corinne Johnson:

Hello,

I have a two-unit SFH (first floor unit & second floor unit which share a main entrance but have separate private entrances once inside the house), located in California (I know...). This is my only property.

The upstairs tenant has an ESA that is left home alone for several hours at a time during the day. Its barking is on and off, but almost every day there are easily blocks of 30-45 minutes when it's barking pretty much non-stop. It's a really high-energy dog and I don't think they take it out often enough, so they play indoors a lot. The downstairs tenant has sent me videos of the noise, and it seems excessively loud and obnoxious. I know it's not as bad as some of the other stories I've read (like barking all night), but am I crazy in thinking that is clearly a violation of standard noise clauses by any reasonable measure?

Noise travels easily in this house, and the first floor tenants have been complaining every day. I think they're justified, and I'm committed to helping them because this seems unfair, but I've never had to enforce the lease except for non-payment of rent. And this is my first time renting to a tenant with an ESA.

Has anyone been in a similar situation before? Could you please share your experiences, tips, things to look out for? Thank you so much. I've been losing sleep over this!

I would think an ESA animal wouldn't be exempt from protocols regarding disturbing neighbors etc but I would check with an attorney to be sure.

0 Reply

Russell BrazilBusiness Member

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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes

1y

Don't just tell them to rectify the problem as above. Provide possible solutions to said problems. Recommend maybe they get a mid day dog walker so the dog gets out and gets some exercise.

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Corinne Johnson

OP

Member since 2024 · 7 posts · 1 vote

1y

Quote from @Greg M.:

I had a near exact problem and I'm also in CA. Pet, ESA, or legitimate service animal, it doesn't matter. They all have to follow the rules. They cannot disturb other tenants.

Inform the tenant that their dog is causing a disturbance and that they have X days to rectify it. If they try to pull that ESA crap, let them know that all animals have to follow the rules legally and that just because it is an ESA they are not magically exempt.

If they complain, tell them to print out a copy of the law that says otherwise. Any quick search on this issue will clearly say that the animal cannot cause a disturbance to others. That would not be a reasonable accommodation.

Thanks Greg, that sounds like good advice! They are definitely that type - their excuses are always poorly-reasoned, convenient, and kind of dismissive to be honest. It's always draining talking to them, but I'm trying not to let it get to me.

Do you think 3 days is too aggressive for a noise issue? How many days did you give your tenants? And what's worrying me most is: what kind of pushback did you receive? Did one notice do the trick?

0 Reply

Corinne Johnson

OP

Member since 2024 · 7 posts · 1 vote

1y

Quote from @Russell Brazil:

Don't just tell them to rectify the problem as above. Provide possible solutions to said problems. Recommend maybe they get a mid day dog walker so the dog gets out and gets some exercise.

This is also great advice. Thank you, Russell. I don't have much experience with animals so a walking service wasn't on my radar at all.

0 Reply

Theresa HarrisPro Member

Member since 2019 · 15k+ posts · 11k+ votes

1y

Simply tell them they are in violation of the lease and need to do something. ESA are pets with papers and clearly the ESA isn't needed if it is left at home for hours at a time. (but don't mention that.) Tell them to come up with a solution to keep the dog quiet (eg doggie day care) or find a new place to live.

I wouldn't care how long the barking is going on...if it is anything more than a one off, time to deal with it.

3 Reply

Corinne Johnson

OP

Member since 2024 · 7 posts · 1 vote

1y

Quote from @Theresa Harris:

Simply tell them they are in violation of the lease and need to do something. ESA are pets with papers and clearly the ESA isn't needed if it is left at home for hours at a time. (but don't mention that.) Tell them to come up with a solution to keep the dog quiet (eg doggie day care) or find a new place to live.

I wouldn't care how long the barking is going on...if it is anything more than a one off, time to deal with it.

Hi Theresa, based on everything I've observed with the way they live with their dog, I think you're absolutely right. The only problem is, they seem to be very lazy and inconsistent (just irresponsible all around) - in the past when I've had to send them warnings (short of an actual 3-day notice), they do mitigate the most important issues but only half-assed and temporarily.

My only experience is with non-payment of rent, and to me that's very cut and dry. No wiggle room. But when it comes to noise clauses, do you prefer to start with a 3-day notice? And if they at first comply, only to fall back into old habits, do you usually give them another 3-day notice (assuming they're not doing anything egregious or disrespectful)?

0 Reply

Theresa HarrisPro Member

Member since 2019 · 15k+ posts · 11k+ votes

1y

Quote from @Corinne Johnson:

Quote from @Theresa Harris:

Simply tell them they are in violation of the lease and need to do something. ESA are pets with papers and clearly the ESA isn't needed if it is left at home for hours at a time. (but don't mention that.) Tell them to come up with a solution to keep the dog quiet (eg doggie day care) or find a new place to live.

I wouldn't care how long the barking is going on...if it is anything more than a one off, time to deal with it.

Hi Theresa, based on everything I've observed with the way they live with their dog, I think you're absolutely right. The only problem is, they seem to be very lazy and inconsistent (just irresponsible all around) - in the past when I've had to send them warnings (short of an actual 3-day notice), they do mitigate the most important issues but only half-assed and temporarily.

My only experience is with non-payment of rent, and to me that's very cut and dry. No wiggle room. But when it comes to noise clauses, do you prefer to start with a 3-day notice? And if they at first comply, only to fall back into old habits, do you usually give them another 3-day notice (assuming they're not doing anything egregious or disrespectful)?

You've already done a 3 day notice from the sounds of it. You can try one more time and tell them this is their last chance, next time they need to move.

0 Reply

Dan H.Pro Member

Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes

1y

How did you screen the ESA? Did you use a service like PetScreening.com to help discourage bogus ESAs? Did you make sure their health provider met the requirements of AB468? Did you meet the animal?

In the future, I recommend doing each of these. There are a lot of tenants that purchase ESA authorizations. Note AB468 has stiff penalties for the medical provider providing bogus ESA authorization, but to the best of my knowledge no one has yet to be fined for selling ESA authorizations. The law would have more impact if they fined some of the places that clearly are selling ESA authorizations.

Good luck

1 Reply

Greg M.

Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes

1y

I gave my tenants 3 days in the initial violation notice. They tried to push back and used the term "service animal" and started referring to the legal protections of a service animal. I shut them down real quick with informing them of service animal vs ESA difference and discussing the law with them. They knew they were spewing BS. They backed down immediately and agreed to get training for the dog. They also hire someone to watch the dog during the day and leave it with family members many other days.

1 Reply

Scott Mac

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

1y

Maybe a bark collar?

Some dogs suffer from separation anxiety and do this.

They have phermone collars that might help too.

Good Luck!

1 Reply

Corinne Johnson

OP

Member since 2024 · 7 posts · 1 vote

1y

Quote from @Dan H.:

How did you screen the ESA? Did you use a service like PetScreening.com to help discourage bogus ESAs? Did you make sure their health provider met the requirements of AB468? Did you meet the animal?

In the future, I recommend doing each of these. There are a lot of tenants that purchase ESA authorizations. Note AB468 has stiff penalties for the medical provider providing bogus ESA authorization, but to the best of my knowledge no one has yet to be fined for selling ESA authorizations. The law would have more impact if they fined some of the places that clearly are selling ESA authorizations.

Good luck

I did independently verify the health provider and their letter met the requirements, so I didn't do a PetScreening. It doesn't seem to be fake/bought. Does PetScreening offer anything besides what I did, which was call to verify them & their license?

I didn't meet the dog before. I wasn't sure what grounds I had to do it since I had the letter which seemed to check out. I couldn't find anything within FHA regulations regarding this. It might be a moot point because it's not violent or aggressive from what I've seen.

I've been ardently searching for relevant case law or news of enforcement (fines, etc), but so far no luck!

0 Reply

Corinne Johnson

OP

Member since 2024 · 7 posts · 1 vote

1y

Quote from @Greg M.:

I gave my tenants 3 days in the initial violation notice. They tried to push back and used the term "service animal" and started referring to the legal protections of a service animal. I shut them down real quick with informing them of service animal vs ESA difference and discussing the law with them. They knew they were spewing BS. They backed down immediately and agreed to get training for the dog. They also hire someone to watch the dog during the day and leave it with family members many other days.

I'm glad it worked out for you! Did you witness the noise violations yourself, or did your tenants provide documentation? I have only watched my tenant's (complainant) videos of the noise they've been experiencing, but I haven't heard/seen it for myself technically, which makes me a bit more hesitant. Is there any other sort of documentation that might help besides other neighbors corroborating? The police & animal control are very little help because of a lack of resources... always good to see my tax dollars at work!

0 Reply

Dan H.Pro Member

Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes

1y

Quote from @Corinne Johnson:

Quote from @Dan H.:

How did you screen the ESA? Did you use a service like PetScreening.com to help discourage bogus ESAs? Did you make sure their health provider met the requirements of AB468? Did you meet the animal?

In the future, I recommend doing each of these. There are a lot of tenants that purchase ESA authorizations. Note AB468 has stiff penalties for the medical provider providing bogus ESA authorization, but to the best of my knowledge no one has yet to be fined for selling ESA authorizations. The law would have more impact if they fined some of the places that clearly are selling ESA authorizations.

Good luck

I did independently verify the health provider and their letter met the requirements, so I didn't do a PetScreening. It doesn't seem to be fake/bought. Does PetScreening offer anything besides what I did, which was call to verify them & their license?

I didn't meet the dog before. I wasn't sure what grounds I had to do it since I had the letter which seemed to check out. I couldn't find anything within FHA regulations regarding this. It might be a moot point because it's not violent or aggressive from what I've seen.

I've been ardently searching for relevant case law or news of enforcement (fines, etc), but so far no luck!

Petscreening.com supposedly verifies that the health provider does more than charge a fee for the ESA authorization. I think this would be difficult for an individual to do. The individual can verify that it is a licensed health care provider, but cannot easily determine if that health care provider is one of the many that advertise on the internet for ESA authorizations for a fee.

I personally think the biggest advantage of using petscreening.com as well as enforce AB468 is it discourages bogus ESA applicants from applying. There are LL that are doing nothing to verify the authenticity of ESAs. It is easier for the bogus ESA to apply there than to apply for my unit and potentially have their bogus ESA rejected and lose their application fees.

I do not suspect that PetScreening.com catches a large percentage of the bogus ESAs, but just the potential of their ESA being flagged as bogus and losing their application fees to s far better than doing less. Especially seeing the service is free for LL, there is no reason not to use them. In addition, they track vaccination dates. We do need not make use of this (I get the email but do nothing with them), but possibly would if we only had a few units.

If it is a legit ESA, it still has to abide by the usual criteria (no barking, biting, and/or destruction, picked up after (we have daily requirement for private yards, immediately for shared/public areas)

Good luck.

2 Reply

Greg M.

Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes

1y

Quote from @Corinne Johnson:

I'm glad it worked out for you! Did you witness the noise violations yourself, or did your tenants provide documentation? I have only watched my tenant's (complainant) videos of the noise they've been experiencing, but I haven't heard/seen it for myself technically, which makes me a bit more hesitant. Is there any other sort of documentation that might help besides other neighbors corroborating? The police & animal control are very little help because of a lack of resources... always good to see my tax dollars at work!

I didn't need documentation. I could hear the dog yapping while walking through the parking lot. I also will take the word of the (non-crazy) neighbors. I have no reason to believe that a neighbor will contact me just to lie about an issue.

1 Reply

Corinne Johnson

OP

Member since 2024 · 7 posts · 1 vote

1y

Quote from @Dan H.:

Quote from @Corinne Johnson:

Quote from @Dan H.:

How did you screen the ESA? Did you use a service like PetScreening.com to help discourage bogus ESAs? Did you make sure their health provider met the requirements of AB468? Did you meet the animal?

In the future, I recommend doing each of these. There are a lot of tenants that purchase ESA authorizations. Note AB468 has stiff penalties for the medical provider providing bogus ESA authorization, but to the best of my knowledge no one has yet to be fined for selling ESA authorizations. The law would have more impact if they fined some of the places that clearly are selling ESA authorizations.

Good luck

I did independently verify the health provider and their letter met the requirements, so I didn't do a PetScreening. It doesn't seem to be fake/bought. Does PetScreening offer anything besides what I did, which was call to verify them & their license?

I didn't meet the dog before. I wasn't sure what grounds I had to do it since I had the letter which seemed to check out. I couldn't find anything within FHA regulations regarding this. It might be a moot point because it's not violent or aggressive from what I've seen.

I've been ardently searching for relevant case law or news of enforcement (fines, etc), but so far no luck!

Petscreening.com supposedly verifies that the health provider does more than charge a fee for the ESA authorization. I think this would be difficult for an individual to do. The individual can verify that it is a licensed health care provider, but cannot easily determine if that health care provider is one of the many that advertise on the internet for ESA authorizations for a fee.

I personally think the biggest advantage of using petscreening.com as well as enforce AB468 is it discourages bogus ESA applicants from applying. There are LL that are doing nothing to verify the authenticity of ESAs. It is easier for the bogus ESA to apply there than to apply for my unit and potentially have their bogus ESA rejected and lose their application fees.

I do not suspect that PetScreening.com catches a large percentage of the bogus ESAs, but just the potential of their ESA being flagged as bogus and losing their application fees to s far better than doing less. Especially seeing the service is free for LL, there is no reason not to use them. In addition, they track vaccination dates. We do need not make use of this (I get the email but do nothing with them), but possibly would if we only had a few units.

If it is a legit ESA, it still has to abide by the usual criteria (no barking, biting, and/or destruction, picked up after (we have daily requirement for private yards, immediately for shared/public areas)

Good luck.

Thank you for that explanation - it was very helpful! I'll definitely keep this in mind for the future.

1 Reply

Margharita Silva

Member since 2019 · 71 posts · 14 votes

1y

They can take that animal to work maybe? I had the same situation her ESA letter was bogus but i still accepted it. I had a no pet policy so she was trying to get around that. The tenant left on her own but i was disturbed with how much the dog was barking just on a random inspection alone... I was glad when she left and i think she has to follow the rules. Just tell her that she cannot interfere with other's "peaceful enjoyment"

0 Reply

Nathan GesnerBusiness Member

Moderator

Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

1y

The law requires you to accept emotional support animals, but it does not give the tenant a ticket to violate basic rules. Animals are not allowed to bark constantly and annoy neighbors. Give the tenant a written warning and demand they keep the dog quite with a bark collar or some other technique. If they violate it again, demand they remove the animal or terminate the lease and leave.

Assistance animals are not allowed to damage the home, poop in public spaces, run loose, intimidate or attack others, etc. Violations can result in a warning, a fine, or removal.

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Emotional Support Animal causing noise complaints in a long-term-rental

Emotional Support Animal causing noise complaints in a long-term-rental

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