All Forum Posts by: Lora H.

NCH?

Griffin, I've been researching this subject myself and have learned the following:
ESA does not = Service animal

These are two totally different distinctions.  My understanding is that ESA pets do not perform a task and an ESA can pertain to any animal that provides emotion support, not just a dog.  There is quite a bit of info online regarding ESAs, if that's indeed what they have.  Good luck.  I know this is late and hopefully by now you've gotten through the situation.

I realize this is an older post but I found it because I'm searching for some guidance on the same topic myself.  I got this info from my lawyer/friend who kindly looked it up.  We're in CO so this may not apply but in case someone from CO looks for this, they'll have it:

I’ve not had that issue come up in my practice, but recalled seeing the following discussion on the Bar Association discussion forum:

Dear list-mates,

I just trying to remember the details of service animal vs. an emotional support animal for a rental housing situation in which a LL does not allow pets. It is my understanding that a service animal is not to be considered to be a pet, should be allowed to live at the property with the TT, and no pet deposit or fees can be charged for a service animal of a TT.

An emotional support animal is not considered to be the same as a service animal, but a TT can make a request for a reasonable accommodation to have an emotional support animal. If that is the case, what can a LL require to allow a TT to have an emotional support animal (request that the TT provide documentation so that the LL can properly review the accommodation request) and can they require a pet deposit, fee, or additional pet rent be charged?

Thanks for your feedback.

Sal Quintana, Esq.

Quintana Law Firm, LLC

6860 South Yosemite Court, Suite 2000

Centennial, CO 80112

***Response****:

Sal,

Colorado allows landlords to request satisfactory documentary evidence that an animal is needed for emotional support reasons, which my residential leases provide must be a mental health professional's letter that (a) is written by a specific type and quality of professional: active, licensed mental health professional, such as psychiatrist, psychologist, therapist or counselor having a masters in social work, etc. who currently treats tenant on a regular basis; and (b) demonstrates that the determination of tenant's need for the emotional support animal is based upon such professional's treatment of tenant over a period of time. Landlords may also control the type and size of animal that is allowed for the specific premises by applying a reasonableness standard.

Once an animal is identified by the parties as an emotional support animal, the actions landlord can take with regards to "pets" end. This means that no pet deposit and no extra monthly rent for a pet can be charged.

However, landlord can still make tenant responsible for, as examples: all damage caused by the animal, adherence to all governmental and community rules and regulations, ensuring safety of others, ensuring no disturbance of peaceable enjoyment of others in their residences, and so forth.

Hope this helps.

Barb

@Maz Abbas my apologies taking so long to reply.  Yes, Christian is correct.  When my rental income is filed on form 1040, it's attached with Schedule E:  Supplemental Income and Loss.  In this form you'll list your total income, expenses and depreciation for each rental property.  I'm not a tax advisor or professional so please consult a CPA.  

Patti, I had the same thing happen.  That led me to calling the company to confirm employment, look at their fb page and stumbled onto some news reporting that his company filed for bankruptcy back in June.  I declined this applicant.  So glad I did my due diligence.  

@Kim Meredith Hampton I was wondering if there ever was a webinar for this seminar?  Thank you!

lora

So there's some holes in this approach (which I'm also trying to sort out myself). Note my Lease states that I write a joint check and mail it to the first tenant alphabetically. Per my real estate lawyer/friend, 

"C.R.S. §38-12-103(1) requires you to deliver the deposit (or the accounting of it) to the “last known address of the tenant” who deposited it with you. Anyone who isn’t the first tenant alphabetically could potentially argue that sending it to that person violated your obligations under the statute. This would be more likely if the person who does receive the deposit (or accounting) fails to share it with the others.

Since each tenant may have a different “last known address,” it would seem that the safest approach would be to collect a separate deposit from each tenant so you can separately return them or account for them. "

Is anyone following this approach - dividing it equally and sending separate checks?  How is that working for you?  Seems more rentals are more like this - where all tenants don't move out at the same time.  You could just make them all move out at the same time but then your rental is empty.  Just thought I'd mention since it is easy for the first tenant to not share the deposit with everyone else and in Colorado, that might violate the security deposit statutes.  

Thank you . . . I should have explained better . . . if a person charges a pet fee AND pet rent, how to justify the pet rent. I get that the fee is for what you mentioned above, but the pet rent? I could see an apt complex needing that for monthly grounds maintenance associated with pets/dogs. But I have SFH and guess I would assume there's not much in the way of monthly maintenance. :)

thanks @Bill S.  Nice to hear from you!

You're exactly right, I shouldn't call it a deposit if it's refundable, lol.  I guess I'm anticipating them asking me what's the pet rent (or per month pet fee) for which is what I'm having a hard time with.

Hi Jennifer,

I'm rethinking my lease on this very topic.  Here's what Denver is doing these days, from what I can tell in craigslist . . . .

I am seeing fairly consistently either a non-refundable pet deposit (in addition to the full security deposit) of amount between $200 - 400, or pet rent of $25 - 50/mo/pet OR I'm seeing they want both.  

IMO, I would not cut into your base security deposit - that is important funds to keep and is easily eaten up even when there's no pet.  Its nice to have that available and they get it all back if everything goes well.  I like to have additional funds for pets and I'm steering towards non-refundable, either a pet deposit or pet rent (but prolly not both).  There's some other discussions on this and a few suggested how to do the accounting for that when their security deposit is returned . . . . I'll quote a gentleman from Wheatridge, Jon Holdman . . .

"Make the pet deposit non-refundable and state that it is for cleaning and deodorizing. Any damage comes from the security deposit, whether cause by man or beast. I'd set the pet deposit high enough to be sure you can give the place a through cleaning and carpet cleaning (if applicable). If the cleaning is more than the pet deposit, it comes out of the regular deposit. When you give the security deposit accounting, include the cleaning and anything else, and show the pet deposit as a credit. Then, take the remaining amount from the security deposit."