Just had a couple apply for a vacancy I have coming up in July of this year. This was my first showing and they completed an application. Everything checked out okay--ccap, prior 2 years landlords gave great references, credit report A+. So here is issue. They texted me today to let me know that they received the lease, signed it and will be sending it back. When they did the showing, they asked if 2 cats were okay. I said, yes. No problem. So today, AFTER they texted me that the lease was signed, the girl sends me a text message with a link stating that the two cats are ESA. I reviewed the letter. It is dated 4/10/2024 and it states it is good for a year. I'm in Wisconsin, and the address on the letterhead is from a company in California. NOw I know that a lot of companies in today's world, contract with out of state insurance companies or the companies that you can call to speak with if you're having any personal issues (can't think of the name of it right now). But my issue now is that I feel she was deceptive, and if she is deceptive now, she will continue to be deceptive. Am I reading into this too much. It's been about 5+ years since I have had a vacancy, so am a little rusty. --104.231.xxx.xxx

I can’t even get past the first few sentences of your post. Why on earth are you advertising so early and signing a lease for July when it just turned May? --24.152.xxx.xx

Oh and PS, of course she’s being deceptive. --24.152.xxx.xx

to NE (PA) the current tenant gave me notice that she is moving June 30. --104.231.xxx.xxx

I had a prospect do the exact same thing only they didn’t even mention an animal until after the house was offered. But if you don’t have anything else to deny for or if they provided animal info on the application, you may be screwed. You CAN deny the esa claim because the letter expired. Keep it super vague “unfortunately we are unable to accept these esas because the provided documentation doesn’t meet hud’s minimum requirements” and then say no more. Otherwise they’ll just get an updated letter. --75.75.xxx.xxx

In my case I withdraw the offer and refunded her holding fee. --75.75.xxx.xxx

Doesn’t matter. Way too many variables to get yourself in the position that you got yourself in. You don’t know if that tenant is going to be out on time. You don’t know if the unit is going to be completely destroyed when they get out. Etc. --24.152.xxx.xx

To Jason (VA). So why did you withdraw the offer. Did everything else check out okay? My dilemna is that everything checked out with two previous landlords including the cleanliness with the animals. But she has presented the esa AFTER the lease was signed. --104.231.xxx.xxx

In my case, they left the animal completely off of the application, so I made them fill out a new application with ALL of their info. There were inconsistencies between the two applications so I questioned them on it. She said “oh my dad filled out the last application for me”. Denied right on the spot because the app was no longer valid. --75.75.xxx.xxx

If you are charging extra rent or deposit for the cats, then you need to dig further. Does this letter simply state that the cats are ESA's or does it state that one or both of the tenants is disabled and require the cats due to their disability? Review the letter along with HUD FHEO Notice: FHEO-2020-01 www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf and proceed accordingly. --68.1.xxx.xxx

I could have denied for the inconsistencies as well. Tell them that you need to have this information documented on the application, so they’ll need to fill in new ones, then study both very carefully. --75.75.xxx.xxx

It would be rare to have a back to back move in. I always need one or more days for even an excellent unit returned. I would just tell them your tenants are holding over and you will not have a unit ready --172.58.xxx.xx

Plenty (MO) Yes, I usually like a monthly between tenants as well. However, in this instance, because the current tenant gave me plenty of notice, I felt I could possibly swing the back to back move in. --104.231.xxx.xxx

Also, this particular tenant holds a full time job as a lead aestetician at a well known local hotel --104.231.xxx.xxx

My tenant, would not even jump into the water to rescue her cat. Her cloths and hair were more important. --47.155.xx.xx

I love cats too Robert, but I would NEVER in a million years drown it (I know you didn't specifically use those words). I would deal with it in other ways. --104.231.xxx.xxx

My guess is they’re using the old ESA registration for $19.95 online. Ask for a prescription from a local medical justifying the need for one or two ESA animalsprofessional. --99.23.xxx.x

What did she put on the application? --73.19.xxx.xx

6x6. On the app, she stated that she just had 2 cats --166.181.xx.xx

Curious, can a person legally have more than one ESA per person? --23.245.xxx.xx

so you already accepted 2 cats then she pulls an esa on you, would have had to pay back a deposit anyway so who cares rent to her, just realize she either pulled a fast one or is weak in the mind. --98.98.xx.xx

Yes. I had already accepted the data. Plus the letter is expired --166.181.xx.xx

Yes. I had already accepted the cats. . Plus the letter is expired --166.181.xx.xx

Thus the advertising super early. --64.246.xxx.xx

Also do NOT listen to robertJ. He is a troll who likes to spin tales to get reactions and unfortunately he claims to do things that are not only illegal but immoral as well. --107.147.xx.xx

Then she lied on the application, or at least being deceptive and the paperwork is not acceptable. As Jim said, probably fake online papers. Read the laws on ESA, don't take my opinion. --73.19.xxx.xx

--207.144.xxx.xxx

She is not requesting her deposit back --104.231.xxx.xxx

--75.11.xx.xx

What is the problem? are you just upset that you werent told upfront? --98.98.xx.xx

If I was driving 60 in a 35 mile zone by a school, nice care and being white, I'd get stopped because if I didn't pay the ticket, the city would impound my car. If I were driving a junker and a minority, I wouldn't be stopped or ticked. --47.155.xx.xx

Did you ask her why she sent the ESA letter after the cats had already been accepted? --76.178.xxx.xxx

--75.129.xx.xx

(Typo. I meant advertising in May for a JULY 1st opening is fine.) --75.129.xx.xx

The issue is that she tells me the cats are ESA AFTER the fact. Yes, I accepted them. She would have been better off not even sending me that letter for 1 it is expired and 2) it doesn't make a whole lot of sense that she sends it to me after the fact. The issue is that I feel it is deceptive and then that begs the question as to what else is she deceptive about or will be in the future? --104.231.xxx.xxx

I disagree with John, there’s obviously deliberate deceptions but what are you going to do with it. Also, advertising early doesn’t work more than it does work. --24.152.xxx.xx

Not to mention I prefer not to have a business relationship with people who go around advertising they have emotional problems. Keep that level of detail to yourself. --47.205.xxx.xx

the only thing she is getting out of is pet deposit, by definition a deposit is returnable and if there is damage you can take it from the security deposit.I dont really see her getting away with much here because you already said no monthly pet rent. If you refuse her at this point she will have a case against you --98.98.xx.xx

How can she have a case against me if I haven't signed the lease have no deposit money in my hand and the letter is expired? --166.181.xx.xx

You offered her the apt, the only thing that changed is she said the cats are esa. who cares you werent charging her monthly anyway for the cats, i dont see the problem,you accepted the cats, i would just proceed and rent it to her. i think you are getting too emotionally involved,she is a tenant for a reason, the reason is often that they are stupid and she is doing something stupid,what are you looking for in a tenant? --98.98.xx.xx

Ken: I'm looking for perfection :) haha. However, I have 6 units and out of my 6, one is an airbnb, so that is different than the other 5. The one that is going to be vacant in July (the one in reference), the current tenant has been there for 10 years. Is 72 or 73, from California. Goes back and forth to Cali frequently (like every other month or so), the place is spotless, always pays the rent on time or a couple months in advance. Doesn't have a car so walks to where she want to go. I truly lucked out on this one and maybe my hopes are high right now because of her. She is a model tenant and 99% chance i will not find another like her. I have another one that's a close second. She has been in her apt for 14 years, not one late rent payment, and her apt is spotless as well. AND she is pleasant to me. The couple that lives above #1 and the one that will be vacant, have also been there for 10 years, no kids, no smoking. The woman has her masters in psychotherapy (so maybe these two will get along well :), never a late rent payment, are trainable on certain things, but all i n all good people. --104.231.xxx.xxx

We find much better results using this technique. --75.11.xx.xx

That niche must be for specific target tenants. Student housing, medical staff, etc. waste of time for open market rentals. --24.152.xxx.xx

I think if you deny them, you could be the target of a lawsuit. Perhaps you could send them Jason's phrase, but add, "However, if you would like them included as pets, we would be happy to move forward with your application." That way you'll find out their motivation for withholding information initially. --104.230.xxx.xxx

--75.128.xxx.xxx

Or do nothing and say “I’ll be in touch”. Then contact them again 2 days before move-in in July. They may disappear on their own between then and now. You can readvertise them and take the gap in tenancy. --24.152.xxx.xx

Also, get away from animal/pet deposits. Just charge everybody 150-200% security deposits and if you don't charge pet rent (you should!), then prospects won't have any reason to claim an esa. --165.85.xxx.xxx

--107.181.xxx.x

Clarification on the pet fees/deposits. I am charging a pet refundable fee of $250 with no monthly rent fee for the pets. She has not questioned any of this. So she is in agreement with the pet fee of $250 And she has provided an expired letter. --104.231.xxx.xxx

--107.181.xxx.x

Given the new info, I agree with John's assessment. Just charge the pet DEPOSIT and move on. --165.85.xxx.xxx

Thank you John and Jason. I appreciate your input. --104.231.xxx.xxx

Thank you John and Jason. I appreciate your input. --104.231.xxx.xxx

Have you ever tried it to see your results? I get the security deposit and first month's rent with the lease signing, which I do within a week. So if they disappear, they lose. --75.11.xx.xx

Yes. I’ve tried it enough that I don’t do it anymore. --24.152.xxx.xx

UPDATE: Just received a text message from this gal saying that they inherited a third cat from a family member. That may be the game changer. She said, "we are really hoping this does not affect signing the lease. We apologize for this change and any confusion and would love to sign and send back the lease tomorrow if this is okay/" Deception/manipulation continues. --104.231.xxx.xxx

There’s your out. --24.152.xxx.xx

Maybe not manipulation as she did ask. BUT. Perhaps they want out and just sprung this on me to see how I would react. Don't know. --104.231.xxx.xxx

And if they freely take in extra cats when they are already pushing their luck with two, ecentually they will have four. Always trust your gut. --47.205.xxx.xx

Yes. And they should have checked with me first prior to taking in an extra cat. Who knows. Maybe next they will want a,dog --166.181.xx.xx

I get the impression that she's studied tenant deadbeat websites. --165.85.xxx.xxx

Jason, very good point about the third cat really being cat number 1. could it be a tester? --98.98.xx.xx

Jason: If that resets the counter back to zero and the extra cat would now count as one, what about the other 2? Her text msg states, "when filing out the application, we said we have two cats, but it would be three cats we have now, we are really hoping this does not affect signing the lease." --104.231.xxx.xxx

An ESA isn't a pet, it's an accommodation--much like a wheelchair. --165.85.xxx.xxx

Funny thing is I called back their current apt complex yesterday to verify that they had 2 cats and that they were listed as esa and there was no mention of 3 cars --166.181.xx.xx

Okay. So she completes a new application with the proper paperwork and states she has 3 cats, when I clearly only allow 2. How do I deny her? Someone else came first? --104.231.xxx.xxx

This is how I would handle it, but proceed how you see fit. --165.85.xxx.xxx

Thanks. Will do. Again, the cats aren't the issue--she is --104.231.xxx.xxx

Question: Is there a legal limit on the number of ESA's someone can have? --75.11.xx.xx

Personally, I question whether I want someone who is that emotionally fragile in one of my properties, but of course I consider all applicants. --104.230.xxx.xxx

Thanks for the clarification, robin.so if someone has an applicant in this situation, how do you legally deny the. Without the. Claiming discrimination? --166.181.xx.xx

--104.231.xxx.xxx

If you have a service animal or an emotional support animal, please fill out the form "Request for the reasonable accommodation of a service animal or emotional support animal." --76.178.xxx.xxx

Consider it stolen. --107.147.xx.xx

UPDATE: To those of you that were following this post and/or replied. I ended up denying the couple based on the fact that they now had a third cat. I checked the city ordinance for the number of animals and it was 3. There was no pushback from them (at least not yet). Just got a signed lease this morning from a single guy, been at his job 12 years, >100K for income, one cat (not ESA). Seems like a great guy. --104.231.xxx.xxx

Happy that it all worked out in the end. --107.147.xx.xx

--174.209.xx.xxx

Deny for misrepresentation. --73.230.xxx.xx

I agree with NE, tell them that the tenants decide to stay longer, they will not be out for that date, "Do not rent to them you will regret it". --172.56.xx.xx