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Updated over 3 years ago on . Most recent reply
![Amanda Thompson's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/2201396/1626669974-avatar-amandat85.jpg?twic=v1/output=image/cover=128x128&v=2)
Claiming a 120lb Mastiff is ESA
I have an inquiry about our dog policy. She says she has 2 dogs. She's been sketchy about details, I asked how old and how big and she said, "1 and 3." After 2 more times of asking more specifically she said 75 lb and 120 lbs. Keep in mind, this is a 1400 sq ft. townhouse that does not have a private yard. I told her I'd have to discuss it (I don't really, it's my decision) because that is twice the size we typically allow. Then she says "The bigger one is the ESA." Which means the Mastiff is currently 1 yr old and 75 lbs. 🤯 There's no way I want 2 100+lb dogs in my newly built rental.
ESA are protected. I don't think I can even say "You can't have 2 dogs that size" because the ESA isn't supposed to count against her. I, of course, would insist on documentation and would follow up with the doctor. But how do I word this safely? I was thinking something like, "ESA aside, we would not be able to accommodate a 75 lb dog."
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- Real Estate Broker
- Cody, WY
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@Amanda Thompson you should have shut down the conversation when she failed to answer your question correctly the first time. Just stop responding to her and she'll likely go away.
It's too late now, so you need a different tactic. You don't have another renter lined up, but you can cause delays or use other methods to scare her away.
Your marketing should always say, "animals negotiable." You can even be more specific with "one small animal negotiable" or something like that. This gives you an opportunity to shut people down quickly. When someone has two animals, you can tell them you only allow one. If she claims one is an ESA so she technically only has one pet, then you can tell her that the pet requires a $500 non-refundable deposit and an extra $100 a month for the pet. Completely legal and she'll likely disappear.
Another option is to utilize various delay tactics, though I don't personally like this option. Don't say anything right now and keep marketing. Save her number in your contacts and if she calls again, let it go to voicemail. Make her call at least twice before calling back. Then make excuses about being busy, having other interested parties, you don't accept pets, or whatever. If she pushes, tell her you need her application and a request for reasonable accommodation and a letter from her doctor that is within the same state and less than one year old. Let her know you will be calling them to verify authenticity. Take your time verifying. This will scare most people away or gives you enough time to find another renter.
- Nathan Gesner
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