Service dogs

[Renita Boree]

I have a tenant who I found had recently acquired a dog without asking (this is the third time).  I agreed to allow the German Shepherd with a $200.00 pet deposit which she partially paid.   I was then given a letter from her medical Dr.  (who is not a licensed mental health professional) that her young son has attention deficit disorder and a service animal would mitigate the symptoms he is experiencing.  Now she wants me to return the pet deposit.  I did not use a real estate broker when I rented to her and this is a single family home.  Any advice would be appreciated.   Karan  

[Sheila F.]

Hi Karen. When I read your post I just had to reply. We recently had an issue here in Statesville North Carolina with a tenant that acquired a dog, went online and registered it for the high cost of $9.99 as a service animal. The tenant was advised that it was a lease violation because the animal had gotten loose and chased some neighborhood kids. Believe it or not, the magistrate in this area almost ruled in favor of the tenant. Until the landlord brought documentation, thanks to their due diligence, that service animals protect the person they are with, are well-trained, and would not cause harm by breaking loose. It is a typical case of people taking advantage of something that was intended to protect people that really need that help. My advice would be to find out what the laws are in your local area, but certainly look into that. Was this animal trained? If so where is the certification, I believe you can ask that since the tenant is representing the animal as a service animal. Again check with your local attorney. This is a great time for landlords to review the rental agreements and make sure that these kind of gaps are closed. Good luck to you!
Sheila