Tenant pulls service dog for Pitbull

[Stephen Benson]

Ok I really need help I just bought this property and the tenant has dogs. After looking at the contract the tenant isnt allowed dogs according to the contract. When I approached the tenant about it I found out he has 2 dogs both pitbulls both fully grown living in the house. So after letting the management company issue a remove or vacate letter the tenant got rid of one dog but gave us a service dog letter he got on line for the other. So this is the problem I have been told by the insurance company and the PM company that they will not insure or manage it with the pitbull in the property. I need advice on what to do. Thanks in advance.

[Marcia Maynard]

This is an ongoing problem for landlords. @Nathan Gesner is spot on.

It's important to have a procedure in place for addressing accommodation requests.

• Start by securing appropriate documentation that the tenant actually has a disability, confirmed by a qualified professional. If the tenant doesn't pass that point, all else is moot. [We too don't accept on-line certificates.]
• Then we need documentation that the animal in question can provide the service or assistance necessary for accommodation, specific to the qualifying disability. This is often from the same qualified professional who confirmed the disability.
• Then the tenant must assume responsibility for proper care of the animal and liability for damages the animal may cause. I developed an addendum that covers these terms. [Content of our addendum follows. It's also available for download from the BP File Place Documents]

People who fraudulently attempt to bring their pets into their rental home, in the guise of being a legitimate assistance animal (service animal or emotional support animal), often will drop the attempt as soon as they see I'm not so easily fooled. 

Those with real disabilities and a real need for an accommodation appreciate my approach and have no problem providing the necessary documentation and agreeing to the terms of our addendum.

-------

SERVICE/ASSISTANCE ANIMAL AGREEMENT

(Addendum to Rental Agreement)

The Month-To-Month Rental Agreement (the “Agreement”) dated_______________________ between ________________________________________________________________, as Landlord and ________________________________________________________________, as Tenant 

of real property located at _______________________________________________________, is hereby amended to include the following terms and conditions:

The rental agreement specifically prohibits keeping pets and animals without Landlord permission; Tenant agrees to follow these terms and conditions in exchange for permission to keep a specific animal:

Conditions for keeping a service animal or assistance animal [tenant must initial]:

_____ Tenant attests he/she has a confirmed disability as documented by a qualified professional.

_____ Tenant attests that this service/assistance animal provides a necessary service/assistance specific to Tenant’s disability as documented by a qualified professional.

Name of animal: ______________________________________________________________________

Description of animal: ________________________________________________________ (type, breed, color, age)

Veterinarian: _________________________________________________________________________

Emergency Caretaker: __________________________________________________________________

Tenant agrees to:

1.Provide proper care for the animal in accordance with veterinary recommendations or ASPCA (American Society for the Prevention of Cruelty to Animals) guidelines.See www.aspca.org.

2.Not to leave the animal unattended for any unreasonable periods of time.

3.Adhere to local ordinances, including leash, vaccination, and tag/licensing, requirements.

4.Clean up after the animal and dispose of animal waste properly and quickly.

5.Not to leave animal food or water outside the dwelling, as it could attract other animals.

6.Keep the animal from being noisy, aggressive, or from causing any annoyance or discomfort to others.

7.Immediately remedy any complaints that arise from animal behavior.

8.Immediately pay for any damage, loss, or expense caused to others by the animal.

9.Provide animal with regular health care, to include inoculations as recommended by a veterinarian.

10.Spay or neuter the animal when it becomes of age to do so.

11.Arrange for an emergency caretaker for the animal.

12.Maintain adequate insurance to cover claims resulting from damages or injury caused by pet.

Tenant agrees to indemnify, hold harmless and defend Landlord against all liability, judgments, expenses (including attorney fees), or claims by third parties for any injury to any person or damage to property caused by Tenant’s animal.

Landlord reserves the right to revoke permission to keep the animal should Tenant break this agreement or provide false or misleading information.

Landord ___________________________________________________Date __________

Tenant______________________________________________________Date __________

.