Pets ESA: Pet deposit charge required?

[Cmoranti18]

Jurisdiction

California

For a tenant with a need for an ESA or an emotional support animal, can the landlord charge a pet deposit fee even when given the proper documentation

 

[army judge]

Q: Can a landlord charge an extra pet deposit to a tenant with a service animal, guide dog, or emotional support companion animal?

A: If you have a rental property that has a "no pets" policy, yet a tenant has made a reasonable accommodation request to have an assistance animal, you may not charge extra rent or get an additional deposit from the tenant, even if it was in order to protect the property from future expenses. Regardless of what kind of assistance animal the tenant has — a companion cat or dog, a therapy animal, or a service dog — under the fair housing laws, it is not considered a pet, but is a part of the disabled tenant's medical or psychiatric treatment. You cannot charge a disabled tenant additional rent or a higher security deposit because they have an assistance animal.

Charging an extra fee or deposit imposes an unreasonable burden for tenants with disabilities who need assistance animals, and it places a financial burden on something necessary for their full use and enjoyment of their apartment that non-disabled tenants do not have to bear.

You can still hold tenants with assistance animals liable for any damage the animal causes, however, just like you hold non-disabled tenants for any damages to the property that they might cause. If you are concerned that the security deposit will not be enough to cover the potential damage, consider charging a higher security deposit for all tenants, regardless of whether they have a service or assistance animal.


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Emotional Support Animals In California (The Definitive Guide)

 

[adjusterjack]

For a tenant with a need for an ESA or an emotional support animal, can the landlord charge a pet deposit fee even when given the proper documentation

What do you call "proper documentation"?

This ESA thing has gotten out of hand.

 

[Cmoranti18]

What do you call "proper documentation"?

This ESA thing has gotten out of hand.

A letter from their therapist stating the situation of needing an ESA and how does it get out of hand when it's a key component in someone's treatment

 

[hrforme]

It gets out of hand because "proper documentation" can be purchased on the internet for less than $100

 

[Cmoranti18]

Well in this case, they got it legitimately from their therapist. I only asked this question because it's the 2nd time I've heard about complications with the same party involved.

 

[hrforme]

Unfortunately the illegitimate requests (to save money on pet deposits or airplane fees, for example) have overshadowed the legitimate ones and landlords and business owners are having to deal with it without getting sued for questioning the real ones who do need it. Sometimes that means the deposit or cost goes up for everyone (which is not illegal).

I strongly believe in pet therapy and am usually against new regulations, but wish there were some regulations/guidelines to help business owners out in knowing who truly needs the pet and who is scamming the system.

 

[Cmoranti18]

Unfortunately the illegitimate requests (to save money on pet deposits or airplane fees, for example) have overshadowed the legitimate ones and landlords and business owners are having to deal with it without getting sued for questioning the real ones who do need it. Sometimes that means the deposit or cost goes up for everyone (which is not illegal).

I strongly believe in pet therapy and am usually against new regulations, but wish there were some regulations/guidelines to help business owners out in knowing who truly needs the pet and who is scamming the system.

Totally agree with the clarification of legitimate cases