Pets And Leases: Navigating ‘No Pet’ Clauses and Emotional Support Animals

Leasing a property comes with a multitude of considerations, and for many individuals, the question of accommodating pets can be a significant factor. Finding a harmonious balance between ‘No Pet’ clauses and the rights of tenants with Emotional Support Animals (ESA) is essential for fostering a fair and accommodating rental environment. 

While landlords have the right to protect their properties, tenants with legitimate emotional support needs are afforded legal protections. Consult with a reputable real estate attorney to learn more about your legal rights regarding ESA. 

Understanding ‘No Pet’ Clauses

Most lease agreements include a ‘No Pet’ clause as a standard provision. This clause prohibits tenants from having pets on the premises without explicit permission from the landlord. Violating this clause can lead to consequences, including fines or eviction.

From a landlord’s standpoint, ‘No Pet’ clauses are often in place to maintain the property’s condition, prevent disturbances, and manage potential liability. Landlords may be concerned about damage, noise, or allergic reactions among other tenants.

Legal Protections Afforded to Emotional Support Animals

Emotional Support Animals, prescribed by a licensed mental health professional, fall under a different category than traditional pets. Under the Fair Housing Act (FHA), tenants with ESAs are afforded certain rights, and landlords are required to make reasonable accommodations for individuals with disabilities.

Tenants seeking accommodation for an ESA must make a formal request to their landlord. This includes providing documentation from a qualified mental health professional that verifies the need for an emotional support animal due to a mental health disability. 

Landlords are obligated to make reasonable accommodations for ESAs, even in properties with ‘No Pet’ clauses. However, the accommodation must be deemed reasonable and not pose an undue burden on the property. Open and respectful communication between landlords and tenants is important. 

The key factor in accommodating ESAs is reasonableness. Landlords can evaluate factors such as the size and breed of the animal, potential property damage, and the impact on other tenants when determining the reasonableness of the accommodation.

For tenants with ESAs, thorough documentation is essential. This includes a letter from a licensed mental health professional detailing the need for an emotional support animal. Your landlord may review this documentation and make decisions based on its legitimacy.

When Can Landlords Refuse Emotional Support Animals?

Landlords are generally obligated to make reasonable accommodations for tenants with disabilities, including those who require ESAs, under the Fair Housing Act. However, there are certain circumstances in which landlords may be permitted to refuse accommodation for ESAs:

• Undue Financial Burden: If accommodating an emotional support animal would impose an undue financial burden on the landlord, they may be exempt from the requirement. However, the burden must be significant and not merely an inconvenience.
• Fundamental Alteration of Property: Landlords may refuse accommodation if allowing the emotional support animal would fundamentally alter the nature of the property. This could include situations where the presence of the animal poses a direct threat to the safety or health of others.
• Insurance Restrictions: Some landlords may face insurance restrictions that could impact their ability to accommodate certain types or breeds of animals. If accommodating a specific animal would result in the violation of insurance policies, landlords may have grounds for refusal.
• Multiple ESAs: While tenants are generally entitled to have one emotional support animal, landlords may have the right to refuse accommodation for multiple animals if it would create an undue burden or fundamentally alter the nature of the property.
• Unreasonable Disturbance or Damage: If an emotional support animal causes significant damage to the property or creates an unreasonable disturbance, landlords may be able to refuse accommodation. However, this should be based on specific incidents and not assumptions about the behavior of all animals.
• Incomplete or Fraudulent Documentation: Landlords have the right to request proper documentation supporting the need for an emotional support animal. If tenants fail to provide legitimate and complete documentation from a qualified mental health professional, landlords may refuse accommodation.
• Inappropriate Species or Size: If accommodating a particular species or size of animal would be unreasonable for the property, landlords may be able to refuse accommodation. For example, accommodating a large or exotic animal in a small apartment might be deemed impractical.

What to Do If Your Landlord Denies Your Request for an Emotional Support Animal?

Initiate a conversation with your landlord to discuss your request for an ESA. Share your documentation and explain how the animal is necessary for your well-being. Try to address any concerns your landlord may have, such as potential property damage or disturbances.

If your landlord has specific concerns or requirements, consider providing additional information to address those concerns. This may include information about the animal’s behavior, training, and any insurance coverage you may have.

If your landlord rejects your request for an ESA and you believe you are entitled to accommodation under the Fair Housing Act, you should consider consulting with an attorney who specializes in fair housing laws. An attorney can provide legal advice, assess the specifics of your case, and guide you on the best course of action. 

Our Skilled Real Estate Attorneys are Ready to Help You

The seasoned attorneys at Johannesmeyer & Sawyer, PLLC, specialize in real estate law, bringing vast knowledge and experience to work through complex transactions, contracts, and disputes. Our lawyers can conduct thorough reviews, identify potential risks, and pursue effective risk mitigation strategies, providing you with confidence in your property dealings. To set up your free consultation, call 803-396-3800 or reach us online.