tenant wants pet despite no pets policy - ESA letter

[Jennifer Gardner]

Hi all,

I own a duplex in Long Beach where I rent the upper unit long term and the lower unit short term (airbnb). My upstairs tenants have been in since May 1. They are lovely girls in their 20s and one has a service dog in spite of my no pets policy. Of course that was allowed. Now, the other tenant is wondering if I'll consider a border collie lab mix that is house trained. She has an ESA letter from her therapist.

I am considering it but need guidance. Am I allowed to charge a pet deposit/pet rent or any pet fees knowing she has an ESA letter? 

I do have a pet addendum through AACSC that includes non-barking/house-trained and other conditions I can set but wondering everyone's thoughts to help me make a decision and possibly offer this to them. She has a boyfriend who comes over every day with his small dog and I haven't said anything about that.My concerns are primarily about my hardwood floors and the noise disturbance with barking and other large dog related issues for my airbnb guests downstairs - that could cost me in ratings and then bookings.

I am especially concerned about the ESA letter since I read that I can't charge additional fees so I feel like all I stand here is to lose.

Thanks in advance :) 

[Nathan Gesner]

Quote from @Jennifer Gardner:

I'm just confused because she didn't have the ESA pet before moving in. I feel like I need to talk to a landlord lawyer. Anyone know where I can get free advice in California? 

The Tenant can add an ESA at any time. You have a right to ask for evidence and it needs to be more than an online certificate. I'll leave my answer at that because it gets technical.

You can't refuse a legitimate ESA. You can't charge a deposit or increase the rent. You can - and should - give them a written list of rules like no barking, always keeping the animal leashed or under control, cleaning up after it immediately, etc. If they violate the rules, they can still be fined, forced to remove the animal, or terminated.