 Service Animal Deposit (by Eric [MN]) Jun 18, 2008 9:18 AM
 Service Animal Deposit (by rcn [NH]) Jun 18, 2008 9:34 AM
Service Animal Deposit (by Dejay [TX]) Jun 18, 2008 9:57 AM
Service Animal Deposit (by Jody [MN]) Jun 18, 2008 9:58 AM
Service Animal Deposit (by Natalie [CA]) Jun 18, 2008 10:20 AM
Service Animal Deposit (by Eric [MN]) Jun 18, 2008 10:28 AM
Service Animal Deposit (by Eric [MN]) Jun 18, 2008 10:33 AM
Service Animal Deposit (by Natalie [CA]) Jun 18, 2008 10:39 AM
Service Animal Deposit (by phil [NY]) Jun 18, 2008 11:10 AM
Service Animal Deposit (by James [MA]) Jun 18, 2008 11:17 AM
Service Animal Deposit (by Eric [MN]) Jun 18, 2008 11:44 AM
Service Animal Deposit (by rcn [NH]) Jun 18, 2008 12:26 PM
Service Animal Deposit (by Natalie [CA]) Jun 18, 2008 1:46 PM
Service Animal Deposit (by Lynda [TX]) Jun 19, 2008 7:53 AM
Service Animal Deposit (by JJ [OR]) Jun 19, 2008 12:45 PM
Service Animal Deposit (by Eric [MN]) Posted on: Jun 18, 2008 9:18 AM
Message:
State Specific Question About: MINNESOTA (MN)
I have a new tenant refusing to pay a pet deposit because her doctor gave her a note saying she needed it for her emotional well-being. The laws I can find A) don't really point to a note from a doctor constituting a "service animal" and B) only say "The person may not
be required to pay extra compensation for the service animal but is liable for damage done to the premises by the service animal." (363A.09, Minnesota Statutes 2007)
Anyone have any experience? Should I just let it go and forget about the pet deposit? --128.101.xxx.xxx |
Service Animal Deposit (by rcn [NH]) Posted on: Jun 18, 2008 9:34 AM
Message:
need more info? is she already living there and just got a "new" dog or is she applying for the unit and refusing to pay the deposit?? if it's the latter and that is your policy, move on. --166.68.xxx.xxx |
Service Animal Deposit (by Dejay [TX]) Posted on: Jun 18, 2008 9:57 AM
Message:
She has a note from her doctor saying she needs it for her "emotional welbeing". You have a note from your doctor telling you not to rent to PITA tenants for your "emotional wellbeing". Your doctor wins. --76.248.x.xxx |
Service Animal Deposit (by Jody [MN]) Posted on: Jun 18, 2008 9:58 AM
Message:
Sounds like her dog is a companion animal rather than a service animal (see legal definition of service animal below). I'd charge her a deposit for the companion animal. If she claims its a service animal, I would need to see the proof of legimate training.
Minnesota Statute 256C.025.
Housing accommodation Subd. 4. "Service dog. Every totally or partially blind, physically disabled, or deaf person who has a service dog, or who obtains a service dog, shall be entitled to full and equal access to all housing accommodations provided for in this section, and shall not be required to pay extra compensation for such service dog but shall be liable for any damage done to the premises by such service dog."
343.20. Definitions Subd. 6. Pet or companion animal. "Pet or companion animal" includes any animal owned, possessed by, cared for, or controlled by a person for the present or future enjoyment of that person or another as a pet or companion, or any stray pet or stray companion animal.
Subd. 7. Service animal. "Service animal" means an animal trained to assist a person with a disability. --129.176.xxx.xx |
Service Animal Deposit (by Natalie [CA]) Posted on: Jun 18, 2008 10:20 AM
Message:
Jody is correct, this is not a service animal but rather a possible companion animal. A friendly doctor could always write a note IMO.
Service animals go through extensive training and she would have proof of that. --71.198.xx.xx |
Service Animal Deposit (by Eric [MN]) Posted on: Jun 18, 2008 10:28 AM
Message:
She moved in in May and signed the lease and pet agreement, which stated that the pet deposit was to be paid before the end of the third month of occupancy. I did this because they are retired and were going to have trouble coming up with all the initial deposit/rent, and it's difficult to find good renters for a large 4BR in rural MN.
She gave me this doctor's note at the time, but didn't mention it was to clear her from having to pay a deposit, and it didn't occur to me then either. I sent a reminder about the deposit being due and got a "sorry, you can't charge me" response.
Thanks for all your input! Great community for new landlords like me! --128.101.xxx.xxx |
Service Animal Deposit (by Eric [MN]) Posted on: Jun 18, 2008 10:33 AM
Message:
Even if she's able to establish that this is a service animal "trained to assist a person with a disability." (343.20), is an additional deposit "extra compenstation" (not allowed) or part of the "liable for damage done to the premises by the service animal." part (allowed)? --128.101.xxx.xxx |
Service Animal Deposit (by Natalie [CA]) Posted on: Jun 18, 2008 10:39 AM
Message:
If it is a service animal, you cannot charge a separate deposit for that animal. If however the animal does damage to your property she is liable for that damage. She needs to compensate you for damages or you can subtract it from her deposit. --71.198.xx.xx |
Service Animal Deposit (by phil [NY]) Posted on: Jun 18, 2008 11:10 AM
Message:
Even though it does not sound like the animal would be classified a service animal does not mean that your state may have case law that expands the protection to companion animals with a doctors note, you will need to see what is the current case law in your state on this issue.
Also its clear threw the US Justice department that under the ADA, you can not require the animal to be certified threw a state licensed agency and since its not a pet you can not require extra deposit under the federal rules
--205.188.xxx.x |
Service Animal Deposit (by James [MA]) Posted on: Jun 18, 2008 11:17 AM
Message:
There is recent case law that puts these comfort-type animals in the same class as service animals. You can't refuse to allow the animal and can't charge an extra deposit or more rent. You will lose if you force the issue. --192.234.xxx.xxx |
Service Animal Deposit (by Eric [MN]) Posted on: Jun 18, 2008 11:44 AM
Message:
Good advice, thanks! The pet deposit will be overlooked. --128.101.xxx.xxx |
Service Animal Deposit (by rcn [NH]) Posted on: Jun 18, 2008 12:26 PM
Message:
when will LL's become a protected class? --166.68.xxx.xxx |
Service Animal Deposit (by Natalie [CA]) Posted on: Jun 18, 2008 1:46 PM
Message:
"when will LL's become a protected class?"
LOL. They are in line right behind the comfort animal. --71.198.xx.xx |
Service Animal Deposit (by Lynda [TX]) Posted on: Jun 19, 2008 7:53 AM
Message:
Your applicant has a COMFORT animal NOT a service animal. You have NO responsibility to take this animal as it is not trained and certified to aid a disability. It is a regular pet that the person keeps for the comfort and enjoyment of having a companion. 100 doctor's letters is not going to chqange the status of that animal. She pays the pet deposit or she doesn't get the apartment! --140.140.xx.x |
Service Animal Deposit (by JJ [OR]) Posted on: Jun 19, 2008 12:45 PM
Message:
Worst case, couldn't Eric just raise the deposit when his tenant's lease comes up for renewal? We're allowed to raise the deposit just generally speaking, not specific to a comfort/assistance animal, aren't we?
If I went that route, I wouldn't make the deposit increase the same as the pet deposit would have been, just in the same ballpark (ie, $250 instead of $300). I would also be very accepting of her letter stating she doesn't owe a deposit for the comfort/assistance animal, and I would have some reason for the deposit increase next year ("we're revising our deposit calculations for our rentals / for this address").
Can Eric do that? --198.107.xx.xxx |
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