Pet Deposit Not Allowed: Protecting your property from emotional support animal laws

While most landlords have a policy keeping pets from being permitted in a residence, some people with physical disabilities or emotional needs require animals that can be exempt from this policy. These animals are not considered "pets" by law and are allowed to accompany the tenant. If you're a landlord, however, this can also mean that because of this exception property damage can be a risk due to these animals getting out of hand. Not only can a landlord face property damage, but in many cases landlords have faced discrimination charges from disabled tenants due to wrongfully issued pet deposits.

Suppose a tenant brings in more than one animal, manipulating this exception either consciously or unintentionally. The damage done by these animals can put your property at risk, but with the waiver of a pet deposit, there isn't that security. You can request that this particular tenant submit a handwritten form informing the landlord that he or she has a disability (though not of the specifics of the disability or disorder present) and of the necessity of the animal. Verification through paperwork by a professional such as a psychiatrist or physician can be used to validate the tenant's disability as well, though this is not required by law. It's good to at least have an idea of the extent to which a disability affects the tenant's ability to function without this support animal.

Let any tenant with an emotional support animal know that they are responsible for any damage caused to the residence as well as the treatment of their animal. Once the tenant moves in, it's also advisable to inspect the tenant's unit on a scheduled basis for damages and cleanliness, including animal waste management and disposal. This should be done with the tenant's acknowledgment, of course. Also, when any resident wishes to move into a unit with an emotional support animal, you should let other tenants know that you are not discriminating against them as well or encouraging them to bring animals of their own, as the "no pets" policy and pet deposit does not apply to this animal since it doesn't qualify under law.

Understanding the laws and exceptions surrounding certain tenants' special needs for a support animal can help to prevent any damage done to your residence effectively and also keep the tenant satisfied and responsible for the actions of the animal.