I have a tenant at the lease signing did not have a pet. Our property has a no pet policy. One day we were on the property we rang the doorbell and heard a dog bark. The tenant came to the door at first stated it was her father's dog then pressed stated it was hers and it was an ESA.

We asked why didn't you disclose it? She said she had been rejected by 3 other places before and her doctor told her she did not have to disclose. I said that is not correct and they cannot reject because you have an ESA. We ended out conversation with her stated that she will forward all the paperwork.

The next day she sent photos of a badge you can purchase online for $30 and an application from another apartment complex with someone signing it stating she has all the paperwork necessary to have an ESA.

I spoke to my attorney and he says he has never encounter anything like this and wants to charge me an hour of research.

Am I wrong in thinking that I should just ask for a letter from her local medical provider?

My spidey senses tell me this is not an ESA.

Ask for a letter of medical necessity from the medical provider. You want a letter on letterhead from the medical or mental health provider that states:

1) Resident has a disability

2) Resident's disability leads to impairment of one or more life functions.

3) Resident requires an assistance animal to aid in mitigating disability.

There are some examples at

servicedogcentral.org/content/node/304 that you can refer your tenant to.

Note that an "ID card" is not a letter of medical necessity. You can purchase an ID Card online at lots of places. They have no standing. An application from a different apartment complex is not a letter of medical necessity.

I'd give them a "Cure or Quit" warning, saying that if they do have a disability, they should be able to get a letter from their medical provider. Their Dr was wrong in telling the tenant to not disclose the animal at all.

Does your application ask for details on "Pets" or "Animals". If you ask for information on Animals, and they failed to disclose, you have grounds for evicting for not disclosing (at least in my area I would). They lied on their application. If you only ask about PETS, however, they didn't lie, because an assistance animal under the Fair Housing Act is not a pet.

it gets confusing.

Also, just to be picky (but the law will be also)... If your application asked if she had any PETS (as you stated above), then she was correct to answer that "no." She is not required to disclose that she has a Service or Emotional Support Animal if you do not ask the proper questions.

- John...

PT, check the law. If the law says they don't have to disclose a service animal, then your lease clause is not enforceable.

I've had ONE person sneak an ESA in on me. I walked up to the door that day and she says, "Oh, by the way, here's a letter about my ESA."

Two days later, she complained that the fridge was too loud. We supply but do not warranty fridges. They are for tenant to use "as is", and if they fail we are not obliged to repair or replace. I use this method to reward good tenants by paying for repairs or replacement at my option, but regarding not so good tenants....it's case by case depending on how much I want to keep them or see them leave.

I had to inform her that we are not obligated to repair or replace any appliances under the terms of our lease.

Another GREAT reason to do the 2-minute in home inspection. See the ESA/service dog/unreported animal before the surprise!

And yes, on your application it should say, "Describe all animals that will be at the premises." Then a failure to disclose would be a reason to deny an application.

ESA = Emotional Support Animal. Basically a pet. No special training needed at all. But they are sometimes actually prescribed for people suffering with anxiety, PTSD, etc. Very rare to find a real one. :( But if it's real, a doctor/therapist will have subscribed it and the person probably has records or can get records to that effect. If not real, they will hand you manufactured garbage like you just got. In some states it is now a misdeameanor to lie about it.

SA = Service Animal. Highly trained to perform specific functions and greatly adds to their owner's ability to live their life. Allowed anywhere.

Ally,

DO NOT ask for a security deposit for ESA. It's questionable if this is a true ESA, but like plenty said, you don't want to be the first case law.

Peter,

Step one: How bad is this? Is this an issue worth ejecting a paying resident and creating re-renting costs? Wanna be right or rich? Increase the rent at the renewal.

Or don't renew.

Know that in Indiana you can end the lease or raise the rent with a written 30 day notice. I suspect if you raise their rent they won't complain because they KNOW they are cheating.

Step two to protect yourself: do not ASK for anything or tell her what she needs to supply. Receive what she supplies and do not teach her how to comply. This is to protect yourself legally.

Step three: Know that there is no such thing as an official REGISTRY so the fact she has one makes me lean toward fake.

Step four: tell you atty you called him because he is supposed to know this stuff already and look for another atty. Research on such a basic topic is on his own time.

BRAD

This is another plug for your state or regional LL Association.

I live and LL in Idaho. Our regional HUD office is in Seattle. The Idaho Apartment Association has developed forms, with the Seattle HUD office, for verifying the medical necessity of ESAs with the tenant's local medical provider. In essence, these forms have been pre-approved by the Seattle HUD office. The Idaho Apartment Assoc claims that HUD is just as frustrated with the false ESA claims as landlords are. If a tenant or provider were to make a Fair Housing complaint, it would be about the forms that the Seattle HUD office has already approved for use. The Idaho Apartment Assoc has their own attorneys that review forms and policies.

Here's the kicker -- you do not need to be a multifamily LL to be a member of the Apartment Association. By joining your state apartment association, you get the forms, training, advocacy and expertise that the major multifamily US players use -- for $100 a year! So google your state's National Apartment Association affiliate and join, even if you LL in SFHs. The forms,policies and best practices are the same.