Landlord Rights for Emotional Support Animals
Publish Date: May 8th, 2020; Author: Darren M. Jorgenson.
Well, before you go off to your landlord to waive your letter confidently in their face, maybe you had better educate yourself on your landlord’s rights in this situation.
Yes, that’s correct — your landlord’s rights.
Landlord’s Rights: No Financial Hardship
This simply means that a landlord cannot refuse to provide you housing, force you to accept substandard housing or charge you extra fees for your Emotional Support Animal. This does not mean the same thing for just your regular pet, which is not classed as an ESA. For your pet to fall under these guidelines, you must present your landlord with an Emotional Support Animal Letter.
The breed doesn’t matter. It does not matter what kind of animal is presented as an Emotional Support Animal. The management must accept this pet.
To disqualify any particular breed of animal, the housing management must assert that this particular animal — rather than specifying this particular breed — shows signs of being dangerous to the house on the property.
Being a pit bull is not enough to disqualify this animal. Does it act aggressively toward other residents? Does it strain at its leash, barking and snarling and biting at passersby? Has it already acted aggressively, thereby putting another resident in danger?
These would be reasons to disqualify this animal, but not the entire breed. These decisions must be made on a case by case basis.
Restricted Breeds and Insurance
In this instance, the courts may find that this situation would cause undue financial hardship for the landlord and will likely side with the management company.
Comparisons of alternative insurance policies will be in order during one of these cases.
Also Read: How to Get an ESA Letter in California…
Does Animal Need Special Training?
But they must still alleviate at least one symptom of a mental or physical disorder. For example, it would be a perfect reason for a tenant to assert that their cat helps to relieve symptoms of loneliness and feelings of being overwhelmed by their depression. Even one of these assertions is enough to qualify that cat as an Emotional Support Animal.
Can a Person Have More Than One ESA?
Both animals must alleviate at least one mental symptom individually. In other words, one cannot claim two animals who both help reduce feelings of being overwhelmed during a depression. Instead, each animal must alleviate a specific symptom that is different from the symptoms relieved by the other animal.
Can landlord Deny a Request for an Emotional Support Animal?
If the animal disrupts the essential happiness of the other residents or prevents other residents from utilizing the common areas of the property, or if the animal displays aggression to other residents then the landlord may be authorized to evict the tenant if they refuse to either control their animal or to get rid of it.
You may Also Like: How to Get an ESA Letter in Texas…
About Post Author
Darren M. Jorgensen has a fondness for all animals, though dogs especially, have a huge home in his heart. He enjoys quilting, making handcrafted soap and bodyworks and anything that produces practical products. Jorgensen lives with his own service dog who doubles as an Emotional Support Animal. He gets it.
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