Collecting A Security Deposit for A Service Dog

[Erika Banks]

I've got a landlording question -- I have a tenant that has a child requiring a service dog.  The tenant has purchased a puppy and registered the dog as a Service Animal.  I understand I am limited to two questions I can ask :

(1) is the dog a service animal required because of a disability, and 

(2) what work or task has the dog been trained to perform.)

However, the puppy isn't potty trained.  Am I able to collect a security deposit or request that the dog be potty trained before entry? Want to make sure I abide by laws, but also protect the property....

Thank you in advance for the assistance.

[Nathan Gesner]

It's an "emotional support animal" which does not require any training, any registration, or any medical prescription. It's a ridiculous abuse of the system but there's nothing you can do about it. You can't charge a deposit, you can't increase rent.

However, the tenant is not free from liability. The animal must be kept under control, cannot cause damage, cannot disturb the neighbors, and must be cleaned up after. You are welcome to inspect the property regularly to verify this. If the animal is peeing on the carpet or chewing on trim, you can absolutely require them to repair the damages immediately or remove the animal from the property.