Rental Property Investor · North Liberty, IA · Member since 2018 · 18 posts · 9 votes
Hey BP friends! So here's the full quick story... Our tenant recently got service dog, however we only found out about it because the neighbor complained to the HOA that it was peeing on the balcony. After we found out, we did research on how we can charge for a "service" animal since the rules are confusing and what not for anything "service". Anyway, we decided on a refundable deposit, proof of it being a "service" animal, and an addendum that she sign and return that basically protects both parties. She got us the deposit and proof pretty quick, but it has been weeks of emailing her and texting her to send back the addendum with no luck. Can we charge a daily fee until we receive the addendum back? Or what are other options? She's a good tenant, just flighty and forgetful sometimes it seems.
Is pet rent common in your area? I would add pet rent that stops once the paperwork comes in. I would give a 10 day for an unauthorized animal, I have no patience for that. What do you do for non-service pets? If she can't get her paperwork in it is a normal pet. If you don't otherwise allow pets, issue a notice that she needs to remove the pet by a certain date if the paperwork isn't turned in and accurate.
Is pet rent common in your area? I would add pet rent that stops once the paperwork comes in. I would give a 10 day for an unauthorized animal, I have no patience for that. What do you do for non-service pets? If she can't get her paperwork in it is a normal pet. If you don't otherwise allow pets, issue a notice that she needs to remove the pet by a certain date if the paperwork isn't turned in and accurate.
If this is an actual service animal, you can't charge extra pet rent, fees, deposits, etc.
If it's an ESA, you can require them to provide documentation. If they don't forthwith, assume they don't have documentation and act accordingly. Don't let them pull a fast one on you.
Thanks for the responses. Yea so it's an emotional service animal technically. They provided documentation proving that, but just won't return the addendum to the lease for having a pet. We are able to charge a refundable deposit, but no extra fees or rent, and she already gave us the deposit. But is there like a a fee I can charge while waiting on a required form? This doesn't have too much to do with the pet anymore I guess, it's about the required addendum for owning a pet - ESA or otherwise.
@Mike Flynn a sevice animal or 'emotional support animal' is not considered a 'pet' under the fair housing act. HUD guidance for documentation requirements of need for 'emotional support animals' were just updated in January.
You may charge for damages caused by the animal, but since it is not a 'pet', a pet addendum doesn't apply. This article has links to the rules, and new guidance.