Tenant Waiving Pet Fees

[Cameron Jarrett]

Hey Everyone! Hope all had a great holidays! I have not posted in a long time, mostly because Everything has been pretty smooth Land lording. I have currently invested for 6 years and acquired several rental units.

I have used the same screening process and policies this entire time with good excess. I have started to change one of my policies, which would be animals. I have noticed the trends of higher % tenants owning pets. So I have started changing my policies for this reason.

Recently I have had two different tenants tell me they are getting Service/Assitance/Therapy animal, and tell me they do not have any restrictions or fees to pay. These tenants are both on a 6 month old lease that requires no pets. I have asked for their Doctor's Documentation and will be seeking my local Lawyer for advice.

Here are the items that make me uneasy. They signed a no pet policy lease and have been living there for 6 months. Both tenants asked me for pets, then I stated the most generic requirements for allowing pets in my rentals. Then this was their next statement, about how I can not give them any requirements. Anyone had the same things happen? How did you all go about it?

Thanks

[Joe Splitrock]

@Cameron Jarrett 

1. Notify the tenant that you can accommodate emotional support animal requests, but they must complete the approval process prior to bringing any animal in the property. Bringing an un-authorized animal into the property is grounds for eviction. They didn't have the animal for 6 months, so they can wait two weeks for an approval.

2. Request the name and address of their local medical professional that is treating them for the condition that requires the emotional support animal. Explain that you will be sending them the form to complete. The medical professional must return the form directly to you. Tenants will try to go online to buy certificates, which is not legitimate. It needs to be a professional that is actually treating them for their condition, not an online fake doctor. Tenants think they are smart because they google searched something, but be clear to them that online certificates will not be accepted. (Beware of multiple tenants in the same building giving you the same doctors name. This is a red flag and I would call the doctor out on it.)

3. You mail the form to the medical professional. Make sure they are local and they need to be a doctor, psychologist or counselor. The form asks if they are treating the named person and if an emotional support animal is required. It asks what type/breed and weight is required. The doctor may put "any dog" so when the tenant tries to bring a 100 pound lab into the property, you can point out that a 15 pound dog is adequate. The medical professional must sign the form attesting they are treating the individual and that the animal is required for treatment. I include a little statement that talks about the risk of perjury, so they understand their approval has consequences if it is false. They have to e-mail or mail the form back, which prevents tampering by the tenant.

4. After the form is received, discuss with the tenant what type of animal they want. It needs to conform with the "prescription" from the medical professional. If a 15 pound dog is just as good as a 100 pound dog, you are not obligated to accept the huge dog. You can also deny restricted breeds or animals. For example, my insurance doesn't allow pit bulls or several other breeds. Even if the form says pit bull, I would tell the tenant it creates an undue burden on me because my insurance will drop me. Either they find an acceptable alternative or don't get the animal. 

5. Let the tenant know with the animal in the property that you will be doing frequent inspections. You choose how often. Make it clear to the tenant, that although they are entitled to the animal, the animal cannot damage the property or cause nuisance (barking, biting, etc.) First sign of trouble the animal goes. 

6. You decide if the animal is working out. At the end of your lease term, you have the right to raise rents to keep up with market value. If it becomes necessary to raise rents, make it clear to the tenant it is due to market conditions and has nothing to do with the animal. Maybe the market requires a huge increase and maybe they are forced to move. That is their choice.

Don't be intimidated by your tenants. They don't make the rules. That attitude is a sign of future problems.