As a landlord, you likely already have an opinion on whether you should allow pets on your property. Sometimes, though, you may not have a choice.
We are, of course, talking about emotional support animals (ESA). Even if you have a no-pet policy, ESA laws allow tenants to circumvent it. That said, this process isn't as simple as some ESA owners would have you believe.
Want to get acquainted with the rules and regulations about support animals in Orlando, FL? This guide will get you started on the right foot!
What Is a Support Animal?
A support animal is any animal that makes life easier for its owner. They help treat anxiety, depression, and many other mental health challenges.
Some people confuse support animals with service dogs. The main difference is that service dogs are legally seen as medical equipment. They're trained to perform an essential function for an owner with disabilities.
An emotional support animal doesn't need specific training to do its job. All they need to do is provide emotional care and companionship.
Legal Protections for Support Animals
Under the Fair Housing Act, support animals aren't classified as regular pets. As a result, they enjoy some privileges other pets lack.
First, you're not allowed to turn away a tenant because they have a support animal. This is true even if your lease agreement has a strict no-pet clause. Support animals are also exempt from pet deposits or pet rental fees.
In Orlando, you're required to make reasonable accommodations for ESAs. As long as an animal isn't causing a disturbance to others, it can stay. ESA laws also support a wide variety of creatures, from ferrets to guinea pigs.
What Do Tenants Need to Apply?
If a tenant with an ESA applies to live in your rental property, they must show proof of legitimacy. This involves having a signed ESA letter.
An ESA letter is a statement from the tenant's medical health practitioner. This could be their doctor, social worker, PA, and so on. The letter proves that the animal is essential for their owner's recovery or well-being.
Other than the official signature, the letter must meet other requirements. For instance, it must state why the support animal is necessary. The letter must also note how long the tenant has been a patient or group member.
Can You Deny an ESA Letter?
If the ESA letter is legitimate, your options are fairly limited. That said, there are a few circumstances where you can legally reject an ESA.
The most common reason landlords reject ESAs is due to their size. If the animal is unfit for your unit, you can deny an accommodation request. For example, you can't humanely house a horse in a 10-story apartment.
Some support animals may show threatening behavior. If an animal scares or even attacks other residents, it can't stay on your property. This is why it's important to have a thorough pet screening process.
Emotional Support Animals and You
For many Orlando landlords, ESA laws lie in an annoying gray area. Consult this guide to learn more about your rights in these situations!
Looking for professional help with pet-related tenant issues? At Verandah Properties, we deliver the highest standard of management services! Contact us here to make use of our specialized knowledge and experience!