Allowing pets in your rental property comes with advantages and disadvantages. Pet-friendly rentals can attract more potential tenants, but you might have to deal with damages. You are legally required to accept pets if they are emotional support animals (ESA) due to Fair Housing laws, but there are benefits and measures you'll still be glad to know.
Benefits of Accommodating Emotional Support Animals
Expanding Your Pool of Tenants
Tenants with ESAs might immediately skip your listing if it states that no pets are allowed in your rental property. There are plenty of competitors who will allow pets, and this puts your business at a disadvantage and can increase your vacancy rate.
Increased Income
Most landlords add a pet addendum to the lease agreement which consists of certain policies and restrictions, as well as pet fees. While this cannot apply to ESAs, the potential tenant may bring other animals with them. Allowing pets of all types will expand your pool of tenants and generate more steady income for your business.
Better Tenant Relationships
Pet owners will appreciate it when you allow emotional support animals in your rental property, which can help you establish a better relationship with your tenants. Just be sure to set comprehensive ground rules to avoid any issues in the future.
Limitations to Fees a Landlord Can Charge
Charging Pet Rent
You can charge pet rent for other animals that the tenant might bring with them, but an official emotional support animal cannot be charged a fee. While there are no local housing laws in Nashville that prohibit pet rent, the Fair Housing Act does for service animals.
Most pet owners who have service animals or ESAs know about this law, and violating it is both unethical and illegal. Potential tenants with ESAs usually rent pet-friendly properties for the sake of considering the pet policy set by the landlord.
Requiring a Pet Deposit
A landlord cannot require a tenant to put down a pet deposit for an emotional support animal as well, since both service animals and ESAs are not considered pets. They are usually well-trained, and there's not much to worry about regarding pet-related property damage.
However, a tenant is still required to pay for whatever pet damage their ESA might cause as per the landlord's pet policy, which could cost more without a pet deposit or pet fee.
Measures You Can Legally Implement for Pet Owners
- Applicants are still required to be responsible pet owners when it comes to preventing property damage, noise, health risks, and pet waste
- You can request a written statement from a healthcare professional to confirm the tenant's emotional support needs and the ESA's roles
- Landlords can still issue warnings and notices when the pet owner violates the restrictions
- Property owners can request proof of the animal's good health to prevent the risk to other tenants in your rental property
- Require renters insurance in exchange for allowing pets on your property
If you're not sure which restrictions you can include in your rental lease, it's best to consult an attorney or property management company like Green Tree regarding support animals for your rental units.
Emotional Support Animals vs Service Animals
Both types serve as medical aids and not just pet ownership. They are therefore required to be considered by landlords in most states including Tennessee. However, there are differences between the two which determine the considerations they can get.
Americans with Disabilities Act (ADA)
ESAs: They are not recognized as service animals and are not considered under the provisions of the ADA, but still fall under federal housing laws and local laws.
Service animals: They are required to be accommodated in both private and public places, which include rental properties.
Roles
ESAs: They usually provide emotional support for people with mental health issues like depression and anxiety, but are not trained enough to be considered a certified service animal.
Service animals: They are trained to work and perform tasks for people with disabilities including physical, sensory, psychiatric, intellectual, or other mental disabilities, as per the ADA.
Documentation
ESAs: Although emotional support animals fall under exemptions in federal housing laws whether or not the property is a pet-friendly rental, a responsible pet owner would still benefit from an ESA letter. These can be acquired through a consultation with a therapist.
Service animals: An applicant is not required to have their pet properly licensed, but responsible tenants would still acquire the proper records for vaccinations to prove that their service animal won't cause harm to other tenants in the rental property in case of pet accidents.
Insurance for Your Rental Property
Landlords can require tenants with pets to have renters insurance as part of the lease agreement to protect their rental business from various incidents. It’s advisable to require adequate renters insurance if you’re allowing pets in your rental, as it can cover potential property damage and harm.
Insurance Coverage
- The policy covers bodily injuries caused within the rental property such as dog bites and scratches.
- The insurance also covers pet damages caused by the ESA on someone else's property.
- The coverage will depend on your base premium. However, that can also vary based on the insurance company.
Emotional Support Animal FAQs
Is allowing pets in your rental a good idea?
Yes. Being a pet-friendly property can help boost your rental income, and you may charge an additional pet deposit for animals that aren't ESAs.
What is a pet owner responsible for?
A tenant needs to have their pet trained to avoid mishaps they are solely responsible for. They should also clean up after their messes like litter boxes and pet hair, and pay for damage caused.
Should I limit the number of pets allowed in my rental units?
Yes. Aside from ESAs, you can decide to limit a tenant to at least one pet as a pet-friendly rental, but be sure to conduct a pet interview to ensure they are well-behaved.
Can I set breed restrictions?
You cannot restrict certain breeds if they are considered ESAs. Standard pets, on the other hand, are subjected to lease rules on a pet's breed, as well as additional fees.
Hiring a Property Manager to Manage Tenants with Pets
Managing tenants in your rental business can already be a handful, and allowing pets will add more policies, laws, and regulations to look out for. You might need a property manager to handle this aspect of the business, and Green Tree Property Management company can help.
We can market your property as a pet-friendly rental, as well as screen tenants to make sure their pets will not cause any trouble. You can schedule a free consultation with us and our team can help you get the most out of your real estate investment.
