Do you know how tenants get emotional support animals, or how landlords can screen them? This article will discuss the steps required to obtain an ESA, beginning with communication and paperwork, and concluding with how a landlord can ensure their property is protected from damage.
Emotional support animals (ESAs) are an important topic for many landlords and tenants to understand, and understanding best practices is key to establishing a great landlord-tenant relationship. Housing providers are legally required to accommodate ESAs under the Federal Fair Housing Act and the Americans with Disabilities Act, and understanding the process of moving an ESA into a rental property is beneficial to both landlords and renters.
ESAs are not pets, and a traditional pet policy for a rental property does not pertain to them. Landlords will benefit from having a process in place for accommodating renters who claim to have an ESA that needs to move into their rental property. Even if a rental property has a “no pet policy”, ESAs must still be allowed to live at the property (because remember, an ESA is not a pet).
Communication is the key to success in obtaining ESAs, but it is not the only step. Obtaining the necessary paperwork from a mental health professional who is licensed in your state is the next important step, followed by determining the most appropriate and practical selection for the ESA’s species and breed, to accommodate the tenant’s specific needs.
Learn more: What is an Emotional Support Animal?
Step 1: Communication
For tenants- Talk to your landlord about the ESA
If you are a renter who is requesting an ESA accommodation, you should contact your landlord immediately to let them know. Early communication will be beneficial towards a positive landlord-tenant relationship and setting the stage for a smooth approval process.
Remember, a landlord cannot deny an ESA if the proper steps are taken to prove need and notify your landlord. DO NOT move an ESA into your rental property without communicating with your landlord first.
For landlords – Talk your tenant through the ESA approval process
If your tenant notifies you about an ESA need, provide clear instructions for how the approval process works. Let your tenant know what type of documentation you require and how you will handle violations if the proper ESA approval process is not followed. For example, if the tenant claims to have an ESA but never provides any paperwork stating the need, will the landlord give the tenant a cure or quit notice? While you cannot deny a tenant with a valid ESA request and paperwork stating that they need one, there can be a discussion about what accommodation for an ESA would be reasonable.
If a tenant is moving in with a preexisting emotional support animal, it could be beneficial to allow the landlord to meet the ESA. While a landlord cannot deny the animal simply due to the meeting, a tenant who shows a well-behaved ESA can help ease the worries that often come with moving animals into a property.
Step 2: ESA Paperwork
For Tenants – Obtain the Required ESA Paperwork
If a tenant wants to bring a new ESA into their home, they should obtain paperwork stating that they need an emotional support animal from a licensed mental health professional. Your landlord is not allowed to ask specific details about the health reasons for requiring an ESA, but they are allowed to ask for documentation stating the need for an ESA.
Some landlords will accept documentation from a primary care provider, so double-check your landlord’s requirements. Your state may require renters to have a working relationship with the mental health professional who provides the documentation.
Tenants are encouraged to submit a written accommodation request letter along with their ESA documentation to their landlord.
An ESA accommodation request letter can include:
- Briefly explain that you have a disability and are requesting an emotional support animal as a reasonable accommodation
- Include your ESA documentation, or note that you can provide it upon request
- Politely ask for a timely response regarding the approval of your request
For Landlords – Collect Required ESA Documentation
Landlords should obtain an official ESA accommodation letter from their tenant and a signed letter from a licensed medical professional stating the need for an ESA. Landlords can accept an ESA letter that is dated within 12 months. Tenants should obtain a new ESA letter if they have one that is dated older than 12 months.
A landlord cannot ask questions or request medical records regarding the specific condition that necessitates the ESA, but they can verify the information of the mental health provider. Ensuring that the letter was signed by a provider licensed in your state is the best way to guarantee that it was written in good faith and addresses a legitimate need.
Landlords should keep excellent records of the ESA accommodation request letter and the ESA need letter from the medical professional. You should also have a record of all communication regarding the ESA and how you provided reasonable accommodation to the tenant.
Step 3: Discuss the Practical Options for ESAs
Once paperwork has been obtained, landlords and tenants should discuss the most practical and appropriate options for an ESA. If a tenant requires a dog, the ideal breeds should be discussed before the dog is adopted or purchased. You cannot deny an ESA based on its breed or weight, and you cannot charge a tenant pet-related rent, fees, or deposits for their occupation of the property.
Tips for Renters: While any breed can be a good pet and a good ESA, not every breed is suitable for every person. High-energy dogs such as sledding dogs, herding dogs, or other large working breeds may not be ideal in small environments, nor will giant breeds such as Great Danes or many mastiffs.
Learn more: Navigating Pets and ESA Laws With Rentec Direct
Emotional Support Animal Agreements
Landlords may request that their tenants sign an emotional support animal agreement as part of the conditions for accommodating an ESA. An ESA agreement is a contract between the tenant and the landlord where the tenant agrees to take responsibility for the animal.
An ESA agreement may include:
- Confirmation that the animal is an approved emotional support animal tied to a documented accommodation request
- Expectations for the animal’s behavior, including that it must not pose a threat, cause damage, or create ongoing disturbances
- Tenant is responsible for cleaning up after the animal and maintaining the unit in good condition
- Clarification that the tenant is liable for any damages caused by the animal, beyond normal wear and tear
- Requirements for compliance with local laws, such as licensing, vaccinations, and leash or control rules
How to Protect Yourself and Your Property if Your Tenant has an ESA
Most animals are required to be accepted according to the Americans with Disabilities Act (ADA), but exceptions can be made if the animal is going to cause too much trouble. Animals that pose a risk to the property, its inhabitants, or the neighborhood can be rejected as ESAs. As the ADA specifies that a landlord must make reasonable accommodations, a tenant who is asking for unreasonable accommodations, such as a large number of animals in a property that cannot accommodate them or animals that have been documented to display dangerous or destructive behavior, may be rejected.
While there are no specific criteria, dangerous animals may be those that cause expensive property damage, have bitten or attacked neighbors or visitors, or have been the cause of multiple complaints. If you must evict a tenant due to ESA behavior, the best practice is to document the violations as carefully as possible. A landlord should also be cautious when denying an ESA, as there is no strict definition for reasonable accommodation. If the ESA bites someone or damages the property, document it and use this documentation if needed to evict the tenant for their animal’s behavior.
Landlords should contact their landlord insurance carriers and request more information about additional liability coverage for ESA animals. Some insurance policies have breed restrictions, but landlords must still accept any breed as an ESA even if their insurance doesn’t cover that breed. Landlords are advised to seek additional coverage or find a new insurance policy that will cover the breed of the emotional support animal living on their property.
Final Thoughts
ESAs can be highly valuable to tenants who need them, and communication with landlords can be a crucial part of the process of getting one. Obtaining paperwork and selecting an ESA is important, but the process is not as challenging as many people worry, so long as you maintain consistent, open communication between the tenant and landlord.