Thanks for your time...

Kid in his mid-20s moves into a nice apartment last May. Had some problems in life, but a few years of normalcy and now needs a place to get himself on his feet and on be his own. Signed a 6-month lease, just in case it doesn't work out (normally start with 12). Now 8 months in, he's been great in many ways, and I was happy when he said he wants to stay a long time. But then recently he drops the ESA idea on me. Says he's had a psychiatrist for a long time, and that it was suggested that an emotional support animal might help him get along better. Evidently already has a medical marijuana card, because the hallway has been smelling funny for the past 8-months. It would be nice if that were enough to help him get through whatever ails him.

A couple years ago, we put over $4000 in renovations into this apartment, making it real nice. All our places (17 units in building) are very clean and mechanically sound, but this one we did up nice and we want to keep it that way, so we put a no-pet clause in the lease. It's been a couple years, so maybe we can relax it, but normally if there's an animal in an apartment (after we deem that unit pet-friendly), there's a pet fee that will help with the flooring replacement cost. Flooring wear-and-tear and depreciation are both accelerated when animals are present, so we use the 'pet fee' to help purchase the next flooring, which happens sooner than if no pets were in an apartment. But now with this ESA thing, it looks like we can't say no, even if there's a no-pet clause. AND we can't put a pet fee on there, to cover the increased wear-and-tear. This seems like it's not fair to the management. We're not trying to screw anyone over; all the 'regular' pets in the building pay the pet fee, so why not this guy? Especially if we're being forced to accept it... it only seems fair.

Here's where I am having the most trouble with this. Mid-2020 a young lady moved into a pristine apartment where we'd just spent about the same amount (~$4000) on renovations, making the place really sweet - new kitchen, new flooring throughout, cool paint job with 2-colors bringing out the beautiful woodwork. Real nice apartment, and we put a no-pet clause in so we can keep it that way. About 10-months in, she asks about an ESA-animal moving into the place. Says she's been going through a lot of emotional stuff, and some online psychiatrist has written her a letter to allow an ESA. We talked a little bit about it, with me expressing disapproval because of the condition of the apartment - and she was keeping it pristine up til then, and she agreed (at that time) not to do anything til we talked further. A few months go by, nothing is said or done about the ESA as far as I knew. Then one day I was in the apartment to check some plumbing (occasionally do a building-wide check-up when water usage rises dramatically), and all of a sudden there's a dog sniffing at my shoes as I'm looking under the bathroom sink. She explained it had only been there a couple weeks at that point, and I reminded her we hadn't actually decided this was going to happen... to which she replied about the letter she'd told me about, as if that letter allowed her to do whatever she wanted without my consent. As I checked the kitchen sink, I looked over to the dining room and could see the (brand new) carpet had been ripped up in places. And the animal had only been there a couple weeks! Fast Forward 2 months, she ended up moving out because I refused to have her boyfriend move in, and I got the apartment back. Had to replace all the flooring because it was ripped up (berber in DR & LR) and grossly stained (DR, LR & BR which was a real nice plush) with dog pee and poop. Had to paint the subfloor to seal the stains/damage. There were also scratched up areas of woodwork.

In this case, she had gone to the dog pound for her ESA... and gotten a dog that was even more emotionally distraught than she was. It had some issues she tried to describe in her explanation as to why she didn't take it outside to relieve itself; instead she tried to put down newspaper to give it a place to go, which didn't obviously work. It's unbelievable that psychiatrists think that taking a person who's having trouble coping with issues, and piling on the responsibility of taking care of an animal (which may have needs beyond which they can help), will actually have good consequences. This girl ended up giving the dog back to the dog pound because she couldn't take care of it. And in the end she ruined my apartment and lost her security deposit. The deposit didn't nearly cover the damages, so I lost a tenant and a bunch of money. The psychiatrist enabled a young lady to become even more emotionally troubled because she couldn't take care of herself or the animal, and she felt bad about what she did to the apartment.

A lose...lose...lose situation.

So that's what I am going on for experience with ESA's and I don't want this next situation to end up as the same thing.

Any hints?

I’d have non-renewed him a long time ago for violating the no smoking clause in my lease.

Tom,

You wrote "but this one we did up nice and we want to keep it that way:.

I hear ya buddy! but ALL renovations are temporary, some are even disposable. "Keeping" it nice is OUR goal, not their goal. That's why we have deposits. Don't get emotionally attached to a new kitchen or floors.

Updating is a continual task for LLs.

Federal law says ESAs must have proper behavior to be accepted - noise, aggressive, cleanups...

I REALLY wish we had a way to screen for psychiatric problems because they are on their meds or best behavior when we meet them.

We require meeting the animal before it's brought into the home. Just mentioning that little requirement usually halts the process.

ESA applicants usually have other issues which don't pass screening.

FWIW My application now states: Misrepresenting a service animal is criminal fraud, punishable by heavy fines and possible jail time". (26 states have such laws now)

BRAD

You NEED to make certain you follow the Fair Housing Act.

You ALSO need to be sure to bill for ALL DAMAGE any dogs or cats do, whether the animal is an EAS or not.

I require that I meet any dog before it comes into the home. I also want to see how any animal is doing once about a month goes by.

I look for reasons to stop in about a week after the new animal moves in (heck about a week after the new resident moves in!). Then again about 3 weeks later. Lets me correct any animal issues up front.

Any dog needs to pass my Scooter Test. Scooter is my trained service dog. I have him due to my own disabilies. If your dog is aggressive toward my Scooter, your dog isn't welcome.

Following...a great thread!

Thanks everyone, for these great comments.

This new situation dropped on me without warning. I thought the kid was doing great.

Thanks everyone, for these great comments.

This new situation dropped on me without warning. I thought the kid was doing great.

"It is our pleasure to accept your service dog/ Emotional Support Animal (ESA).

Please answer the following questions regarding your service dog.

1. Is the dog a service animal required because of a disability?

2. What work or task has the dog been trained to perform?

For an ESA, please provide required documentation. We do not accept internet “certifications.”

We do not charge extra for a service dog, nor do we increase the security deposit. Guest remains liable for any and all damage caused by people or dog.

Pet fee is waived for Service Animal and ESA. Standard Pet Fee is Not waived for Therapy Dog as the fee is allowable by law

Under the ADA and FHA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls. The animal must be under control of the handler at all times.

If we discover a guest has misrepresented a pet as a service animal, we reserve the right to seek financial restitution and will report fraudulent claims to government authorities. Misrepresenting a pet as a service animal or ESA carries with it a misdemeanor charge and up to $500 fine. The guest(s) will be evicted without further notice. In the latter case, there will be no right to a refund for unused rent."

Kim,

Good stuff!

Have you run this past your local Fair Housing office?

May I have your permission to use this?

BRAD