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Updated almost 8 years ago,

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Mindy Jensen
Pro Member
  • BiggerPockets Money Podcast Host
  • Longmont, CO
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ESA vs. Existing Tenant with Allergies

Mindy Jensen
Pro Member
  • BiggerPockets Money Podcast Host
  • Longmont, CO
ModeratorPosted

I wrote  an article about Emotional Support Animals a while ago. This hot-button topic has generate quite the debate, but a recent comment on the article has me wondering.

In a multi-unit situation, what would the law say if there was an existing tenant with allergies to the type of animal that an applying tenant had as an ESA?

Your existing tenant's allergies should be taken into consideration, right? You don't know if the applying tenant will be a good paying tenant, if they will cause trouble or just in general be a pain in the backside.

Can you be forced to accept a tenant with an ESA if you have an existing tenant with allergies? Doesn't the existing tenant have rights? Can you be sued - more importantly can they win - if you refuse based on allergies?

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