Real Estate Investor · Palm City, FL · Member since 2016 · 8 posts · 0 votes
Not sure what to do. I have an arguing couple in the first few months of their lease and one now wants an ESA. The other person appears to have moved out, but is still on the lease. We have everyone who is on the lease sign off on an ESA request. THe person who wants the ESA (We allow pets - just not dogs) has the Dr paperwork (their OBGYN), but there is no way the ex is signing off on a 70lb + dog in the apartment they are on the hook for the next several months. Do we approve it with one signature or just state we need both ...
I'd stick with requiring both signatures, unless they both agree to an addendum that removes the ex from the lease. Of course this assumes that the remaining tenant can otherwise qualify on their own. There was a recent court case where a LL allowed an ESA (it may have been a service dog I don't remember details) and an existing tenant in the building was severely allergic to dogs, which is why they chose that pet free building. The court rules that the existing tenants medical condition was sufficient burden for the LL to have denied the ESA in the first place. I realize this is a different situation, but I'd apply the same principal...you can't change the contract without all parties agreeing...that's for them to figure out. Otherwise everyone can move out, problem solved.
You approve the ESA if they have the proper documentation. It is not up to the other roommate or spouse. Do they have to get roommate permission for a wheelchair? Then answer is no and this is they same type of situation.