Applicant with Destructive ESA, how to reject?

Question

We have an applicant who has a St Bernard ESA. Previous landlord said dog is out of control and ruined the apartment. Finances are excellent, no criminal record. How do we legally avoid having this dog in our nice rental home? Help please!

Kathy Johnson · Answer

Regardless of whether the ESA or the tenant did the damage to the previous apartment, poor or unverifiable rental history is a valid reason to deny an application. Damaging a unit is not a protected tenant activity.

Kyle J. · Answer

It's usually better to just be generic (i.e. Thank you for applying, however we've decided to go with another applicant.) I've found that if you start getting into specifics, people will just want to argue with you or try to make excuses for whatever your reason was. Doesn't matter what the specific thing was. Could be an ESA (you can't deny me it's not a pet!), or their credit score (it's only low because I went through a divorce - I swear - normally my credit is top notch!), or an eviction (sure I didn't pay rent but let me tell you why...my landlord was a jerk!). Point is, if you're generic (decided to go with another applicant), it's hard to argue with that because they don't know anything about this other applicant or their qualifications. I find that almost everyone just accepts that reason at face value, but on the rare instance where someone asks for more specific information, just repeat the same thing (We've just decided to go with another applicant.) And definitely do not mention the information you got from this other landlord who was nice enough to share it (most won't) and asked you not to mention it. Just be polite and thank them for applying. And then end the conversation after you say what you need to. Don't let it drag on. You don't need to hear any response/excuse/argument from them as you've already made your decision.

Kris L. · Answer

@Debbie HaworthDecline them stating poor rental history. Just because they have an ESA doesn’t mean landlord references no longer matter.

Ronnie Howard · Answer

Do you have other applicants? Hopefully you can find something else between the applicants that you could point to as the reasoning you chose one over the other.

Adam Martin · Answer

I have mentioned in a few posts that in my opinion less is more when denying an applicant and as they say "anything you say or do can and will be used against you in a court of law." This seems like an easy rejection and I would go with another qualified applicant that can move in a few weeks. When rejecting I simply send a text thanking them for their interest and that I went with another qualified applicant who has already paid their deposit. Short, sweet, and to the point. I would highly suggest not mentioning the dog at all and not throwing the previous landlord under the bus. If he gets wind you did he most likely will not be as up front with future landlords and who knows when you may need to call him again for a reference.

Debbie Haworth · Answer

Thank you you each of you for your excellent advice! We live in Iowa and our rental property is also in Iowa. In rejecting the applicant, I will let her know that she has a poor rental history and that I wish her well in her search. Am I legally required to provide her with specifics? She will likely ask because she was sneaky with both her previous landlord and with us in dropping the ESA news at the last minute. Thankfully we have not accepted her yet, the previous landlord had already accepted her before she knew. She also quoted that we cannot charge her any fees or extra rent since her dog is not a "pet". The landlord who told me about the hundreds of dollars in damage from the dog did request that I do not share the info with the tenant. (she had to have the entire apartment flooring resurfaced and she had to bleach the whole apartment due to smell from hair and slobber) The previous landlord didn't want to get into trouble in reference to the ESA. So far, we don't have a better applicant for immediate occupancy but we do have a couple for occupancy in a few weeks. Thanks again everyone!!

Kyle J. · Answer

@Debbie Haworth There are several possible legal reasons that landlords can deny an ESA. You should become familiar with them for exactly situations like this: Article: Can a Landlord Deny an Emotional Support Animal?You don't list what state/city you're from, which is often helpful in knowing if there's any local laws that might apply. So if you're still unsure, it's often best to consult with a local landlord-tenant attorney and get their advice. An hour's consult fee is generally money well-spent and then you'll know for sure what you can/cannot do in the future.Best of luck.

Nathan Gesner · Answer

"We checked your Landlord reference. He said your dog destroyed the apartment. We can't allow that in our rental. Best of luck in your search."You are required to make a "reasonable accommodation" for an ESA, but you are not required to allow them under any/all circumstances. Even if the ESA were already in the rental, the tenant is required to keep it under control, clean up after it, prevent it from causing damages, etc.Reject and move on.

Debbie Haworth · Answer

Agreed! Thank you so much!

Debbie Haworth · Answer

Thank you so much, I really appreciate the valuable input!