Managing pets in rental properties has always been a delicate balancing act for landlords and property managers. While many tenants want to bring furry friends into their homes, landlords must also protect their property and maintain harmony within their communities. One area that often adds complexity is dealing with Emotional Support Animals (ESAs). This article dives into pet screening practices, the legal nuances of ESAs, and the importance of having a dedicated ESA animal contract in place.
What is Pet Screening?
Pet screening is a process used by landlords and property managers to evaluate the pets that tenants wish to bring into a rental property. This helps ensure that the animals are appropriate for the property and that the pet owners understand their responsibilities. Pet screening typically involves:
Collecting detailed information about the pet (breed, weight, age, vaccination history, etc.)
Evaluating behavior and temperament
Reviewing vet records
Charging pet deposits or pet rent (in applicable cases)
Requiring tenants to agree to a pet addendum
What are ESA Animals?
Emotional Support Animals (ESAs) are animals prescribed by a licensed mental health professional to provide comfort and support for individuals with emotional or psychological conditions. Unlike service animals, ESAs are not required to be trained for specific tasks.
Key legal facts about ESAs:
Protected under the Fair Housing Act (FHA): Landlords must provide reasonable accommodations for ESAs, even in “no-pet” properties.
No pet fees or deposits allowed: ESAs are not considered pets under the law.
Tenants must provide valid documentation: A letter from a licensed mental health professional stating the need for the ESA.
How to Handle ESA Animals as a Landlord
Handling ESA animals requires sensitivity and legal awareness. Here’s a step-by-step guide for landlords:
1. Request Proper Documentation
Tenants must provide an ESA letter from a licensed healthcare provider. This letter should be:
On official letterhead
Signed and dated
Include the provider’s license number
State that the individual has a disability and that the ESA helps alleviate symptoms of that disability
Note: Be wary of online “instant ESA letters” that do not involve a real mental health evaluation.
2. Verify, But Don’t Interrogate
You may verify that the letter is from a licensed provider, but you cannot:
Ask for the tenant’s diagnosis
Request detailed medical records
Refuse the ESA based on breed, size, or weight unless it poses a direct threat or causes undue financial burden
3. Differentiate Between Pets and ESAs
Don’t treat ESAs as regular pets. This means:
No pet rent or deposits
No breed or weight restrictions
No extra fees for ESAs
4. Implement an ESA Agreement
Though ESAs are not pets, landlords can still implement a reasonable ESA Animal Contract. This protects both the tenant and the property.
Final Thoughts
Navigating pet policies and ESA accommodations can be tricky, but with the right tools and understanding, property managers can stay compliant and create a fair living environment for all tenants. Pet screening helps identify potential issues up front, while ESA policies and contracts ensure that landlords are respecting tenant rights without compromising property integrity.
By treating ESAs with professionalism and empathy—and having clear policies and contracts in place—you can foster a respectful and legally sound rental experience for everyone involved.