Users' questions

Can a landlord evict a tenant for having a service dog?

Can a landlord evict a tenant for having a service dog?

• They may also evict the tenant who picks up a service dog after moving into the apartment. In fact, similar cases have violated the law. Tenants are not required to submit any form to the landlord, but they can write a letter to the landlord to request adequate accommodation.

Can a landlord allow an emotional support dog?

Besides service dogs, landlords must also permit emotional support animals to live with their owners in comfortable accommodation, provided the animals do not pose a threat to others on the property. When you have found an ideal home and intend to talk with the landlord, there are two ways to talk about your service partner:

When is it unreasonable to rent an apartment with a service dog?

Accommodations may become unreasonable if the service dog/animal: Is of a size or breed that would raise the landlord’s insurance rates (an insurance company might see a breed like a pitbull as a liability) Other examples of unreasonable accommodations include if you: Do not pick up after your animal, keep it on a leash, etc.

Can a landlord require a pet deposit under the ADA?

Hotels and motels are not considered dwellings under the Fair Housing Act but are considered places of public accommodation under the Americans with Disabilities Act (ADA) In general, a landlord: Can not require a pet deposit for a service dog or emotional support animal.

• They may also evict the tenant who picks up a service dog after moving into the apartment. In fact, similar cases have violated the law. Tenants are not required to submit any form to the landlord, but they can write a letter to the landlord to request adequate accommodation.

Can a landlord evict an emotional support animal?

If the emotional assistance animal is particularly disruptive, or the tenant fails to take proper measures to ensure that the animal does not bother other tenants, the landlord may be justified in denying the accommodation or ultimately filing for an eviction. What About Insurance for Banned Breeds?

What happens if a landlord ignores a tenant’s dog?

A landlord who ignores overwhelming evidence of the danger posed by a tenant’s dog does so at his peril. Such an irresponsible landlord may be punished by being made to pay extra damages (called punitive damages) over the amount needed to compensate the victim.

Accommodations may become unreasonable if the service dog/animal: Is of a size or breed that would raise the landlord’s insurance rates (an insurance company might see a breed like a pitbull as a liability) Other examples of unreasonable accommodations include if you: Do not pick up after your animal, keep it on a leash, etc.

What kind of documentation does a landlord need for a service dog?

Landlords may require medical documentation for ESAs, but not for service dogs. A letter from the tenant’s licensed therapist, psychologist, or psychiatrist stating that they need the dog to help alleviate their symptoms.

Can a landlord charge a pet deposit for a service animal?

Service animals are allowed anywhere a person would go, including food areas that would normally restrict an animal’s presence. Landlords cannot charge a pet deposit or pet fee for service animals, however the tenant is liable for any damage that the service animal may cause.

Is it illegal for landlord to discriminate against pets?

It is not illegal for a landlord to discriminate against certain animals or breeds, as long as they are doing it for everyone. Also: Some tenants’ “pets” might actually be service or companion animals, which have different rules. What if I have a disability and depend on a service animal, or emotional support (companion) animal?