Emotional Support Cats!

[Robert Shadley]

Hi BP Nation,

OK I have a 1 bedroom apartment for rent and I currently allow tenants to have 1 pet for an additional $25 pet rent.  I had a young interested who has  4 cats!  She says they are emotional support cats...  Can I get into any equal housing trouble by denying her because of her cats even though they are for emotional support??  Thanks for the help

[Jennifer T.]

I couldn't help but laugh at your subject line.  I say this as a joke, and a cat lover, and own one myself but:

Cats?!?  Cats aren't emotionally supportive at all.  They are way too self-centered for that, lol.

But seriously, she would need to provide the appropriate documentation (ie doctor's note) that EACH cat is an ESA.  Unfortunately, you cannot charge a higher rent or higher security deposit for an ESA or multiple ESAs.  Because they are not pets.  They are "medical equipment", for lack of a better phrase.

Or perhaps, outside of the cats, she is just not the best and/or first application you have received anyway.

If she is able to prove they are all ESAs and you do rent to her, just because you can't charge her an additional security deposit, doesn't mean she isn't responsible for any extra damages her ESAs cause.  Be clear in your lease that any damages to the unit must be paid as they occur.  I'm assuming you have regular inspections of your rental units (ie annually, quarterly, etc.).  If not, you should.  If the cats are causing damage and/or bad smells, that can be addressed in an inspection.