ESA vs 30 day notice
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ESA vs 30 day notice (by Stacy [OH]) Nov 23, 2022 10:37 PM
       ESA vs 30 day notice (by Vee [OH]) Nov 23, 2022 10:56 PM
       ESA vs 30 day notice (by Vee [OH]) Nov 23, 2022 10:59 PM
       ESA vs 30 day notice (by Robert J [CA]) Nov 23, 2022 11:05 PM
       ESA vs 30 day notice (by Stacy [OH]) Nov 23, 2022 11:12 PM
       ESA vs 30 day notice (by plenty [MO]) Nov 24, 2022 8:16 AM
       ESA vs 30 day notice (by Oregon Woodsmoke [ID]) Nov 24, 2022 10:02 AM
       ESA vs 30 day notice (by Chicago LL [IL]) Nov 24, 2022 12:44 PM
       ESA vs 30 day notice (by MC [PA]) Nov 24, 2022 1:02 PM
       ESA vs 30 day notice (by S i d [MO]) Nov 25, 2022 7:30 AM
       ESA vs 30 day notice (by S i d [MO]) Nov 25, 2022 7:31 AM
       ESA vs 30 day notice (by Stacy [OH]) Nov 25, 2022 3:59 PM
       ESA vs 30 day notice (by ned [AL]) Nov 25, 2022 4:48 PM
       ESA vs 30 day notice (by John... [MI]) Nov 25, 2022 5:10 PM
       ESA vs 30 day notice (by BRAD 20,000 [IN]) Nov 25, 2022 11:44 PM
       ESA vs 30 day notice (by Stacy [OH]) Nov 26, 2022 7:08 PM
       ESA vs 30 day notice (by Ray-N-Pa [PA]) Nov 27, 2022 10:36 PM
       ESA vs 30 day notice (by CJ [FL]) Nov 27, 2022 10:52 PM
       ESA vs 30 day notice (by zero [IN]) Nov 28, 2022 7:02 AM
       ESA vs 30 day notice (by mike [CA]) Nov 29, 2022 5:31 PM

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ESA vs 30 day notice (by Stacy [OH]) Posted on: Nov 23, 2022 10:37 PM
Message:

This is new for me - have had rentals for 29 years and just received my 1st ESA letter (from the internet no less). Bogus? More than likely. 18 month tenant currently on a month to month. My question is this: am I still able to terminate their month to month lease with a 30 day notice at any time? Of course I'm aware that if a notice at this time it will be considered retalliation - but how about a year or 2 down the road? Does the ESA take away my right to terminate without cause? --208.38.xxx.xx




ESA vs 30 day notice (by Vee [OH]) Posted on: Nov 23, 2022 10:56 PM
Message:

Have tenant seek -petscreening dot com- they will verify the animal - you need to come up to speed on what animal requires doctor letter from in state doctor. Also what is your county/city vaccination requirements? And lastly the tenant-animal owner is always required to clean up animal exhaust in a timely manner (read within the hour), and pay for animal damage as it occurs in next rent cycle - no payment plans... --76.190.xxx.xxx




ESA vs 30 day notice (by Vee [OH]) Posted on: Nov 23, 2022 10:59 PM
Message:

I forgot that there is a pest control flea treatment required at moveout, find out the cost of this and add to security deposit right now, if you are not inspecting often damages can run well over damage deposit, I require a double deposit and it hardly ever cover smoke damages, the exit flea treatment is added to that. --76.190.xxx.xxx




ESA vs 30 day notice (by Robert J [CA]) Posted on: Nov 23, 2022 11:05 PM
Message:

I have spent a lot of time, money and energy on this topic. But the rules in California are different than Ohio.

Here a potential tenant has to have a ripe 30 day old letter from "their" doctor, not an internet $100 special fraudulent letter.

Next, if the dog is dangerous, unfriendly, not trained and barks that disturbs other residents of the building, then I notify my tenant they have to "Fix or Replace" the animal, and state my grievances.

And then I issue the tenant a 3 Day notice to Perform or Quit".

Next the tenant files a complaint and gets free legal aid involved. So with my other tenants notarized statements, pictures of the dog off leash, and no dog license attached to the dogs collar, I can prevail and evict.

If I do not have proof and witnesses, my goose is cooked!

Remember this is California and you are in Ohio. Check with a eviction/real estate layer. --47.156.xx.xx




ESA vs 30 day notice (by Stacy [OH]) Posted on: Nov 23, 2022 11:12 PM
Message:

Thanks for response. I'm very up to speed regarding my county pet license / rabies vax, flea control cost and pet 'exhaust' (which made me giggle btw). I'm at my properties daily and very aware of all happenings. I did verify the OH license for the 'therapist' that wrote the ESA letter - which by the way is affiliated with a LARGE online 'we get you an ESA letter for your landlord' website licensed in 23 states. Just searching as to if anyone has had experience with lease termination when an ESA is involved. --208.38.xxx.xx




ESA vs 30 day notice (by plenty [MO]) Posted on: Nov 24, 2022 8:16 AM
Message:

So this person is already living in your unit? I wouldn't like to deal with that at this point. Vee wrote some helpful tips. Just ask for the paper that you need, not just accept the one they are giving. Say it's pet screening and you are trying to accommodate. --172.56.xx.xxx




ESA vs 30 day notice (by Oregon Woodsmoke [ID]) Posted on: Nov 24, 2022 10:02 AM
Message:

You are in Ohio, so let them stay for the winter and give them notice to move out in the spring. That separates the ESA from the termination. You probably don't have to give a reason, but if asked say you have decided to "put it on the market". Don't say which market.

They got the letter. Do they already have the dog? You can try giving them requirements for the dog if they haven't already bought one. No pitbulls, no puppies. Of course, you can't actually limit what they get, but you can politely give them a list of requirements and perhaps they will comply.

The law makes it extremely difficult when a tenant already in place decides they are going to cheat and get a pet. There is very little recourse for the landlord to protect himself. --76.178.xxx.xxx




ESA vs 30 day notice (by Chicago LL [IL]) Posted on: Nov 24, 2022 12:44 PM
Message:

Yep, agree with Oregon. Wait out till the winter is over, then you can boot them out in spring. No retaliation claim. --99.128.xxx.xxx




ESA vs 30 day notice (by MC [PA]) Posted on: Nov 24, 2022 1:02 PM
Message:

Don't forget to tell them they have X days to provide you with shot records, picture and breed. Emphasize exhaust must be picked up daily, can't be barker,etc. Up to you what you want done lease wise. How do you feel about the T? --73.230.xxx.xx




ESA vs 30 day notice (by S i d [MO]) Posted on: Nov 25, 2022 7:30 AM
Message:

You asked specifically, "am I still able to terminate their month to month lease with a 30 day notice at any time?"

ANSWER: Unless there is some special state or local municipal ordinance, the answer is "No." You are in a M2M rental agreement, so just issue notice of non-renewal. Don't give a reason unless you are required to. If you are required to give a reason, "renovations" or "list for sale" are always two legit options that have nothing to do with ESAs.

You also said: "Of course I'm aware that if a notice at this time it will be considered retalliation [sic]."

RESPONSE: Are you certain? Never assume. Find out the answer and know the facts.

--65.56.xxx.xxx




ESA vs 30 day notice (by S i d [MO]) Posted on: Nov 25, 2022 7:31 AM
Message:

Hee, typo in ANSWER: "YES, you can non-renew/terminate at any time." That's the whole point of a M2M lease. Without that ability, might as well lock yourself into an annual lease.

--65.56.xxx.xxx




ESA vs 30 day notice (by Stacy [OH]) Posted on: Nov 25, 2022 3:59 PM
Message:

Thank you all for the input!! And I feel like we’re thinking on the same game plan - I’m a patient person and spring sounds wonderful. Happy December to everyone! --174.207.xxx.xxx




ESA vs 30 day notice (by ned [AL]) Posted on: Nov 25, 2022 4:48 PM
Message:

Spring would be my vote. That said, Id schedule inspection o f interior of all units for two weeks out. --70.92.xx.xx




ESA vs 30 day notice (by John... [MI]) Posted on: Nov 25, 2022 5:10 PM
Message:

Lots of good advice above except for the recommendation of petscreening.com. Please do research before using them. They were pushed here for a long time, but, in my opinion, are NOT a good idea for most of us. Do a search to read the reasons why.

If you can't find it, let me know and I'll go find it.

Long story short, petscreening.com is simply NOT a good fit for most of us landlords.

--24.204.xxx.xxx




ESA vs 30 day notice (by BRAD 20,000 [IN]) Posted on: Nov 25, 2022 11:44 PM
Message:

Stacy,

The law says LL cannot add any animal fees, animal deposits, or vet requirements if this is truly an ESA. You CAN require good behavior and cleanliness.

We are getting almost ZERO ESA requests because my app says CAUTION: Falsely representing a service animal is fraud and can trigger a fine up to $5000 and possible jail time.

26+ states have such a law.

We provide my local Fair Housing director with any info provided and let HER decide if this is a legit request. She wants a LMN Letter of a Medical Necessity from a LOCAL professional who has a HISTORY of treating that person.

She will not accept INTERNET letters or certificates.

Is there a reason you want to get rid of this resident?

Even if she slips thru I would not worry about missing a few bucks for an animal that you were not getting before.

Animal or not, Always be raising the rent, easily done with MTM.

--73.103.xxx.xxx




ESA vs 30 day notice (by Stacy [OH]) Posted on: Nov 26, 2022 7:08 PM
Message:

Def not adding fees but ANY service or esa (dog) is required to have a license from the county. Additionally rabies vaccine is also required - there is no negating around that law.

What gripes me? The falseness of getting an internet letter - another trying to get over on a LL. With the demand for housing in my area I just won’t play games anymore.

Although I’ve spoken to Fair Housing; I hadn’t taken the angle of presenting the info for their opinion - very good point and will do that this next week.

This is a 5 unit building - and we all know ‘monkey see monkey do’ and I do not want building wide issues. --208.38.xxx.xx




ESA vs 30 day notice (by Ray-N-Pa [PA]) Posted on: Nov 27, 2022 10:36 PM
Message:

I am located in the lake snow belt. I like getting a place empty at the end of January or in February so we can put the place into phase maintenance after it being used hard for five or more years straight.

It is awesome if you can do turn overs with no time between turnovers, but with lake effect snow - getting someone who wants to move then.....the quality people tend to stay put. Labor is also a bit cheaper when people are only looking for interior work. --24.101.xxx.xxx




ESA vs 30 day notice (by CJ [FL]) Posted on: Nov 27, 2022 10:52 PM
Message:

It seems that you can give the 30 day notice as they are on month to month. I usually give 45 days to a tenant, a little extra time, and be the “good guy”. The only thing that will make the tenant believe it is retaliation, is if you made a big deal about the certificate when you were presented with it. We all need poker faces at times when things are just not sitting right with the situation, and that can indeed be a challenge. You never have to give a tenant a reason for your decisions. Tell them they can give notice according to the rental agreement , just as you can give notice, no reason required. Not to say they won’t claim retaliation, of course, but keep the poker face….. they may not sue, as they will not really know why you are ending the agreement. I would wait a couple of months so they don’t think it is retaliation if you did show any disapproval about the animal, and like others, getting through the winter is also a sound strategy before putting the tenant out. Best wishes. --76.242.xx.xxx




ESA vs 30 day notice (by zero [IN]) Posted on: Nov 28, 2022 7:02 AM
Message:

I have yet to get an ESA paper. I know it is coming and actually have one tenant who is pushing it for her clients, including the internet options. I explained to her the problems associated with the fake claims.

For me though I believe I would find out if the animal was in the apartment before they submitted the paperwork. If so, I would boot them on the spot.

Otherwise I would look into the website and find a way to prove it is bogus, if in fact it is. Then I would boot them.

I allow animals with a fee and pet rents but prefer no animals as it seems to always cause trouble one way or the other. --107.147.xx.xxx




ESA vs 30 day notice (by mike [CA]) Posted on: Nov 29, 2022 5:31 PM
Message:

this issue has gotten a tad more landlord friendly in recent times. those with legit needs are leading the charge against those who are just nutty losers. no one would deny a blind person their labrador, nor a PTSD veteran his/her stabilizing friend, but a tattoo sleeved 28 year old chick or some nutty middle aged triple divorcee can expect to be VERY poorly treated during my screening. there's no such thing in my world as an ESA pitbull. i agree completely that you should be silent on the hound and simply terminate in the spring. MTM is the way we maintain our control. and regular rent raises are now mandated

--75.80.xx.xx



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