In recent years, the demand for emotional support animals has risen significantly, with more tenants seeking accommodations for their furry companions. For landlords in Orlando, this trend brings both opportunities and challenges.
So, how do you know if you can protect yourself when support animals go too far?
Read on to find out when a landlord can legally reject an ESA.
Orlando ESA Laws
An emotional support animal helps people with emotional or mental health conditions. Unlike service animals, ESAs are not required to perform specific tasks but are essential for the well-being of their owners.
First, you need to understand support animal protections. Florida state laws follow federal ESA regulations. According to these laws, landlords cannot discriminate against tenants with ESAs or charge them pet fees.
However, tenants must provide appropriate paperwork from a licensed mental health expert verifying their need for the ESA due to a disability. This documentation should clearly state how the ESA alleviates specific symptoms related to the tenant's condition.
Emotional Support Animals: Verifying Paperwork
The biggest reason a landlord might be able to reject an ESA is when the tenant does not have the correct paperwork.
It is important for landlords to accept documentation from professionals such as psychologists, psychiatrists, therapists, or licensed clinical social workers.
The documentation provided must be specific and legitimate. Landlords should verify that the mental health professional's license is current and valid in the state where they practice.
It's also crucial to ensure that the documentation is not generated by online services that do not require an actual therapeutic relationship with the tenant.
The letter should be dated within a reasonable time frame, typically within the past year, to ensure it reflects the tenant's current need for the ESA.
An ESA can be rejected if it threatens the health or safety of other residents or the landlord. This determination must be based on specific evidence rather than generalizations about the animal's breed or species.
Taking Steps
Each ESA request should be assessed on a case-by-case basis. Landlords must avoid blanket policies that automatically reject all ESAs or specific types of animals.
Instead, they should conduct an individualized assessment to determine whether the specific ESA in question can be reasonably accommodated. This assessment should take into account the tenant's needs, the nature of the animal, and the property's circumstances.
Given the complexities of ESA laws, landlords should consider consulting with a landlord-tenant lawyer before rejecting an ESA request.
Legal advice can help ensure that the rejection is defensible and compliant with federal and state laws. It also gives you extra protection against potential legal challenges from tenants.
You can also hire property managers to help you with ESA housing rules in FL.
When Can a Landlord Legally Reject an ESA? Now You Know
Now that you know when a landlord legally can reject an ESA, you'll be better able to manage support animals in your properties. If you'd like professional help, it's available.
Are you ready to hire Orlando property management? Verandah Properties' high standards have been keeping investment properties like yours in top shape since 2003, in lots of different tenant circumstances.
Contact us today.