Refund pet fee and rent

[Desoon Siu]

I rented out my multi-purpose building 2nd floor to a couple about 9 months ago. They signed lease agreement along with pet Addendum. Now they got split and moved out before the lease ended( they have to pay rent until we find new tenants until the lease ends). So we put our upstair on the market.

Suddenly now they asking their pet fee and rent back, saying it’s ESA dog with doctor’s letter..

What a surprise! 

They never disclosed with me regarding this matter up until now.

What should I do?

[PJ M.]

If it was her ESA but she wasn't living there then it was the boyfriend's pet.  An ESA is for the person that has the certificate issued to them and the accommodation is made for the person with the ESA.  If she has a letter stating it was an ESA, and that letter is prior to her moving out then she shouldn't have been charged a pet fee or pet rent for the time that she had an ESA and was living there.  Once she moved out and left the animal, it was no longer providing support for her and lost the right to be in the apartment.  She was to take the support animal with her to the new place she was living so it could provide her the emotional support she needed.