Q: Our landlord is requesting a $500 immediate deposit for our service animal is she allowed to request a pet deposit at al
My husband is in the middle of training, a dog for his PTSD for a service animal. We have been bringing the dog to our home two days a week for the last two months and plan to tell our landlord next month that we were going to permanently bring her here when she turned one because they don’t allow puppies here they found out before us telling them and they are upset and are requesting a mediate $500 deposit for the dog. Can they request that even though I already told them that she’s in training to become a service animal for my husband’s military PTSD. My husband also has a letter from his physician, telling him to get a service animal for his PTSD.
A:
Under California law, landlords are not allowed to charge a pet deposit for a service animal, even if the animal is still in training. Service animals are not considered pets, and are protected under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).
Here are the key points:
1. Landlords cannot charge a pet deposit, additional rent, or other fees for a service animal.
2. Landlords cannot impose breed, size, or weight restrictions on service animals.
3. Landlords can request proof that the animal is a service animal, such as a letter from a healthcare provider, but they cannot demand specific details about the person's disability.
4. Service animals in training are protected under California law, just like fully trained service animals.
Since your husband has a letter from his physician recommending a service animal for his PTSD, the landlord cannot legally charge a deposit for the animal. You should inform your landlord in writing that the animal is a service animal in training and provide them with a copy of the physician's letter if necessary.
If your landlord continues to demand a deposit or threatens to take action against you, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) or seek legal advice from a disability rights attorney.
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.