All Forum Posts by: Malkia Ra

I am in the process of buying out next flip, and the homeowner (an elderly woman who lives by herself) need to move from the property afrter closing, because she will use the money from closing for her next house/ rent. I havent had this happen to me before, so I wanted to ask you guys, what the correct next steps I should take. My idea was to have a contract made by an attorney, agreeing to a specific time period in which she would have to leave the property, she's saying she should need about a week to move. Any input will be greatly appreciated!

No, you most likely don't have to accept this "note" and it does not sound like the tenant has a legit claim in this case. I'd start by calling whoever wrote the note to see if they're even a real person and can verify that the tenant has a legitimate health reason to need the Emotional Service Pet, and if so then verify that whoever wrote the note is qualified to write prescriptions (must be an MD, PA, APRN). People often get Emotional Support Animals, Emotional Service Pets, and Service Animals confused. ESAs and ESP's are not Service Animals and are not protected under the ADA, so landlords have a lot more say in whether they are to be allowed or not and whether pet fees apply. ESA's are however protected under the Fair Housing Act, Section 5. 

Here's what my lease says about them: Failure by Resident to obtain written permission from Manager PRIOR to introducing an ESA or ESP is a lease violation. The standard pet fees and any applicable lease violation fees/penalties will apply if Resident(s) are found to have an unapproved animal while not in compliance with ESA Certification requirements as follows: ESA Certification requires diagnosis from a LOCAL health professional. The local health professional must have licensure that allows them to legally write prescriptions (MD, PA, APRN). Master level certifications such as LCPC, LCSW are not legally allowed to write prescriptions and letters from these practitioners will not be accepted. The health professional and the person with the ESA must have an ongoing relationship, not just a one-time assessment. The letter must be signed, dated, valid for the entire period of the lease agreement, and on the official letterhead of the local health professional. Manager must be able to verify the presence of a disability (but will not inquire about the disability beyond verifying it's existence) and the link of the animal to the disability with the local health professional that provided the certification. The nature of the disability does not need to be disclosed. Manager does not accept any ESA certification obtained online. Legal reasons Manager may deny an ESA, as per the Fair Housing Act Section 5 and as determined at the discretion of Manager, include:

1. The animal is too large for the accommodation size.
2. If the building has 4 units or less and the owner lives in one of the units.
3. If the property is a SFH and the owner owns less than 3 SFH's.
4. If the animal brings an undue financial hardship to the building owner.
5. If the animal causes damages or harm to others in the building.

This clause usually scares tenants away from trying to sneak one in, or ask for forgiveness after the fact. I charge hefty pet fees.