Q: My lease reads no dogs. My tenant told me after the lease was signed on September-1-2023 she has a ESA dog for emotional
and stress. Can I do anything about this now. The tenant told me I could not. She Lied on the lease.
It is illegal under federal law to discriminate in providing housing to any disabled person because they have an emotional support animal. You can request appropriate medical documentation from the disabled tenant confirming that they are actually disabled and that they require the services of an emotional support animal.
Many people with pets get "emotional support animal" certificates online for a fee which do not satisfy the requirement of appropriate medical documentation.
I recommend that you request appropriate written medical documentation that the tenant is disabled and requires the services of an emotional support animal as a result of their disability. Take whatever the tenant provides to you to an attorney with experience with the American with Disabilities Act and Fair Housing Act in or near the county where the premises are located to determine whether it satisfies what s required.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.