Originally Posted by OrangeBlossomBaby (Post 2163485)

An "emotional support animal" is not a Service Animal. They mean different things, and have to follow different rules. Someone was referring to a Service Animal. I responded to that post. You want to add more criteria or nitpick - okay.

So now let's talk about whether or not a renter is allowed to bring little red wagons into their rented living rooms.

Because - changing topics to prove a point that no one is challenging seems to be all the rage.

Originally Posted by dougjb (Post 2163640)

I love this....reading all the non-lawyers giving legal advice (which, by the way, is a felony in the state of Florida).

Originally Posted by Ski Bum (Post 2163728)

Lots of confusion here, mostly because the law and how it is applied is not entirely clear. First, if you actually ready the Statute, it applies to people who own three or more rental properties. ESA's are treated much the same way as service animals, and there is no documentation needed. Most importantly, the landlord has the right to make reasonable accommodations and has to be given the time to do so. If a renter shows up with a ESA llama, the landlord has the right to prepare the home for the llama. As in covering floors and furniture, removing breakable items, etc.

So on check in, the renter has this big hairy llama, and you to them that you will call them when you have the home ready. Then the renter does what? Sues you? They should have been up front about their fragile emotional state and their need for the llama.

Of course, it would be best if these people would just rent pet friendly accommodations. And more importantly, change the law to clearly protect property rights.

Originally Posted by orangeblossombaby (Post 2163403)

actually that isn't entirely true. That is true if it's someone trying to go into a store with an animal, but not with regards to housing.

If someone wants to live in a building, with their animal - the landlord has the right to require that the person show evidence that he has an actual disability and that the animal is trained to perform a service in direct relation to that specific disability.

Such as a dog that is trained to detect the onset of an epileptic seizure - the person has to provide documentation showing that he actually suffers from epileptic seizures, and that the dog is specifically trained to detect the onset of them.

This is the only time that the right of the property owner outweighs a claim of the animal's handler.

Originally Posted by handygrandpap (Post 2163342)

in light of the recent (sad) dog attack on the historic side, as many of the folks on this site are also landlords and many of the short term and long term renters often do have pets.
What is the best approach for us to ensure a banned breed does not show up, other than simply saying no pet?
Any suggestions?
See recent forbes article linked, thank you

dog breeds banned by home insurance companies – forbes advisor

Originally Posted by ski bum (Post 2163728)

lots of confusion here, mostly because the law and how it is applied is not entirely clear. First, if you actually ready the statute, it applies to people who own three or more rental properties. Esa's are treated much the same way as service animals, and there is no documentation needed. Most importantly, the landlord has the right to make reasonable accommodations and has to be given the time to do so. If a renter shows up with a esa llama, the landlord has the right to prepare the home for the llama. As in covering floors and furniture, removing breakable items, etc.

So on check in, the renter has this big hairy llama, and you to them that you will call them when you have the home ready. Then the renter does what? Sues you? They should have been up front about their fragile emotional state and their need for the llama.

Of course, it would be best if these people would just rent pet friendly accommodations. And more importantly, change the law to clearly protect property rights.

Originally Posted by retiredguy123 (Post 2163373)

If the tenant says it's a service dog, you don't have a choice. You cannot ban service dogs.

Originally Posted by Dilligas (Post 2163752)

You can require the service dog credentials, not just take their word. Service pets must go through extensive training.

Originally Posted by retiredguy123 (Post 2163373)

If the tenant says it's a service dog, you don't have a choice. You cannot ban service dogs.

Originally Posted by Rodneysblue (Post 2163785)

Can you ask for certification?

Originally Posted by dougjb (Post 2163640)

I love this....reading all the non-lawyers giving legal advice (which, by the way, is a felony in the state of Florida).

I love those who say use an "iron clad" lease. No, thank about it. Who would want a lease that is full of holes. So, the expression "iron clad" is merely a wish...not a reality.

Then, there are those who cut and paste from a book meant for a different jurisdiction and come up with...voila...the lease to beat all leases. Perhaps a potential Florida landlord might want to review the substantial statutory provisions related to landlord/tenant law.

While there are legitimate methods for limiting risk, no method is foolproof! Moreover, some of it requires a potential landlord to lay out money, for the creation of legal entities, proper insurance coverage and proper evaluation of tenants. But, if one takes the cheepo method of attempting to limit risk and do it themselves to save money, one should recognize that the "legal" methods one comes up for free....is worth just about as much as one paid for it.

This whole thread makes me want to go and read a book on self-administered heart operations for my clogged arteries!