Quote:
Originally Posted by retiredguy123
One thing that would concern me about being a landlord today is the ADA (Americans with Disabilities Act) regarding dogs. A tenant can move into a rental house with a dog or dogs and claim that they are service animals. The landlord has almost no protection against this and they cannot even charge extra for service animals.
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There are two questions that a landlord is allowed, by law, to ask a prospective tenant with a dog:
1. IS this a "Service Animal" as defined by law? (the only answer the tenant is obligated to give is yes, or no)
2. What service is this animal trained to perform? (you can't ask what it's trained to perform *for the tenant* - only what is it trained to perform, generally).
Everyone with a legitimate service animal has been instructed on this law, they know that these two questions may legally be asked, and they have to answer the questions if they're asked.
If someone says "I don't have to tell you that!" then you don't have to rent the property to them. If someone says "he's trained to sit and stand and he rolls over great" then you don't have to rent the property to them. If someone says "He is a PTSD dog trained to alert a patient to the onset of a panic attack" then yes, that is a valid answer and you'd rent the property to them. Even if that dog is a retired service dog, who is trained to do that, and is now someone else's pet - it's still a legitimate and honest answer and there's nothing you can do about it. The upside to a retired service dog who's now a pet - it means it's an incredibly well-trained pet who is likely to never give the landlord a problem.