.webp)
Some of us love nothing more than getting back from work to see our dog waiting for us with eager barks and cuddles. For others, this scenario is unwelcome, and thoughts are filled with unruly animals in a small apartment, destroying everything in their path.
Whether you love animals or not, you must abide by the law as a landlord. You need to know three types of animals: Service, emotional support animals, and Pets. We'll explain the difference between the three in this guide.
What Are Service Animals?
Service animals are trained to support people with a range of disabilities. They can take on specific tasks for their owners. That might include help such as:
- Guiding the visually impaired during a walk to the shops
- Alert a hard-of-hearing owner to a sound like the doorbell
- Retrieving a hard-to-reach object for someone with mobility issues
- Helping an owner to stand if that person has balancing issues
- Help owners during a medical emergency like a seizure
If you're a landlord, you must understand the law regarding service animals.
Service animals are covered under the ADA (Americans with Disabilities Act), which means you must allow them on your property, even if you have a no-pet policy. You also can't charge pet fees.
Emotional Support Animals
Emotional support animals help their human owners, but it's not quite the same support as a service animal, and it's treated differently by law.
As the name implies, emotional support animals help those with emotional or mental health challenges. That might include:
- A diagnosed condition like PTSD
- Grief
- Anxiety and depression
Since the support is emotional, these animals don't perform specific tasks and haven't gone through specialist training. Their primary role is to act as a source of comfort to their owner.
However, the law recognizes animals, namely in the Fair Housing Act. That means you must accommodate these animals without pet fees, even when you have a written no-pet policy.
Pets in a Rental
Animals that don't fall into the service or emotional support category are pets. They include any domestic animal that provides companionship to its owner, including cats, dogs, and other unusual pet types.
Since their role is primarily about companionship, tenants have no legal right to keep a pet on their property.
However, to enforce this rule, you must have a clear written no-pet policy as part of your lease agreement. If you choose to allow pets, you can offset some of the potential costs of repairs. You can request an extra pet security deposit or a pet cleaning fee.
When agreeing to pets in your rental, always take the time to set out some ground rules for your tenant, like respecting neighbors, managing noise levels, and keeping the property clean.
Establishing a Pet Policy for Your Property
It's essential that you know the law and can differentiate between service animals, emotional support animals, and pets. Equally, it's vital that you have a clear pet policy.
SJC Management Group has over 30 years of experience helping landlords with their properties in Puyallup, WA. We can help you navigate all tenant issues, including pets. Discover more about our services here.
