Still trying to figure out this service animal thing. My question is this: if we accept a tenant with a service animal can we charge extra rent for the animal. I charge $50 per month per animal extra...can we do the same with service animals? Just puttin' it out there...

Thanks!

You cannot charge extra rent or an added security deposit for service animals (trained) or emotional support animals (not trained). Only animals defined as 'pets' may result in higher rent or security deposits. The animal is treated as a necessary medical device and you are required to make that reasonable accommodation.

Unfortunately, the tenant and their medical provider get to make this decision about what is a pet vs. a medical device, not you.

Does the practice get abused a lot? Oh yes. Can you do anything about it? Not really. However, if the animal causes damage to the property, if they fail to clean up after it, or if it attacks your or neighbors you would have the same remedy as you would with any other animal.

The other thing that may help is if your insurance provider specifically states they will significantly increase your insurance premium or cancel your policy due to that specific animal (not just the breed...THAT animal), you may be able to characterize that as an unreasonable accommodation. So for example if your insurance carrier sends over an inspector who see an aggressive pit bull ESA lunging and barking at every passer-by, they may send you a letter saying you must remove the animal or lose your policy. You could use that as evidence in your favor.