Q: Tenant exceeded pet limit and claims emotional support animal. What are my rights?
I am a landlord and my tenant has exceeded the allowed number of pets specified in our lease agreement, which permits only two cats and one dog. After discovering multiple dogs barking near my property, the tenant has now sent a letter claiming one of the extra dogs is an emotional support animal, although no documentation was provided prior to this incident. Previously, there have been similar situations without mention of emotional support needs. What are my rights in handling this issue, and how should I proceed?
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A:
As a landlord, you have rights and responsibilities when it comes to managing your property and enforcing lease agreements. Since the tenant has exceeded the pet limit, it's important to first check your lease to see if there is any language regarding emotional support animals (ESA). While emotional support animals are protected under fair housing laws, tenants must provide proper documentation to prove that the animal is indeed an ESA.
Since the tenant has not provided documentation in advance, you can request that they submit the necessary verification from a licensed professional, such as a doctor or therapist. This documentation is crucial to determining whether the animal qualifies under federal housing laws. If the tenant is unwilling or unable to provide this, you may have grounds to enforce the pet policy and request that the additional animals be removed.
If you feel that the situation is unresolved and affecting your property, consider consulting with a lawyer to ensure you are following the legal process. They can help guide you through the proper steps for addressing the situation without violating any tenant rights while protecting your property.
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