How do landlords protect themselves from liability?

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  #31  
Old 12-06-2022, 12:51 PM
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Originally Posted by Ski Bum View Post
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.
What about an Emotional Support Alligator? - yes, it happened.

Emotional support alligator draws crowds at Philadelphia'''s Love Park | CNN
  #32  
Old 12-07-2022, 11:22 AM
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Tenants in many respects are just like children. Their job is to push the boundaries but you as a landlord have one chance to make a first impression. During that chance they need to calculate in their head that the boss man is no joke and that crossing him will bring bad results and that they would be better taking their chances with a landlord elsewhere.

When you are showing them the house check them and the car out for evidence of Rover. Let them know from the beginning that they are in competition with another person for the home. This way you have a built in way out.

I learned this lesson the hard way. I’m definitely not built to be a landlord under any circumstances. I love dogs, not in a rental though. Sorry Spot! Get lost.
  #33  
Old 12-07-2022, 11:34 AM
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Originally Posted by retiredguy123 View Post
If the tenant says it's a service dog, you don't have a choice. You cannot ban service dogs.
Let the dog stay.
Chuck out the dog owner!
  #34  
Old 12-07-2022, 07:34 PM
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Originally Posted by OrangeBlossomBaby View Post
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.
This would violate HIPAA laws.... And then comes the lawsuit!!
  #35  
Old 12-14-2022, 10:19 PM
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Can the landlord demand the renter (with the service animal) buy renter's insurance coverage and name the landlord as insured ?
  #36  
Old 12-15-2022, 07:55 AM
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Originally Posted by Daddymac View Post
This would violate HIPAA laws.... And then comes the lawsuit!!
You couldn't be more wrong [add obligatory !!]
HIPAA only applies to health care entities not to private persons, or landlords, or newspapers, or gossiping neighbors.

Your Rights Under HIPAA | HHS.gov.


Who Must Follow These Laws
We call the entities that must follow the HIPAA regulations "covered entities."

Covered entities include:

Health Plans, including health insurance companies, HMOs, company health plans, and certain government programs that pay for health care, such as Medicare and Medicaid.
Most Health Care Providers—those that conduct certain business electronically, such as electronically billing your health insurance—including most doctors, clinics, hospitals, psychologists, chiropractors, nursing homes, pharmacies, and dentists.
Health Care Clearinghouses—entities that process nonstandard health information they receive from another entity into a standard (i.e., standard electronic format or data content), or vice versa.
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  #37  
Old 12-15-2022, 08:05 AM
retiredguy123 retiredguy123 is offline
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Originally Posted by keepsake View Post
Can the landlord demand the renter (with the service animal) buy renter's insurance coverage and name the landlord as insured ?
I doubt it. The landlord cannot even charge a security deposit for a service dog.
  #38  
Old 12-15-2022, 08:34 AM
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I doubt it. The landlord cannot even charge a security deposit for a service dog.
How about an allergy cleaning fee on departure, when a dog has been present?
  #39  
Old 12-15-2022, 08:43 AM
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Originally Posted by Two Bills View Post
How about an allergy cleaning fee on departure, when a dog has been present?
I don't think that you can charge the owner of a service animal any fees that you wouldn't charge a tenant who has no pets. The law considers it discrimination to charge extra for having a service animal.
  #40  
Old 12-15-2022, 08:53 AM
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I don't think that you can charge the owner of a service animal any fees that you wouldn't charge a tenant who has no pets. The law considers it discrimination to charge extra for having a service animal.
The laws don't protect the landlord. I had a tenant a few years back w/a service dog. I was stuck and when they left the home was trashed.
  #41  
Old 12-15-2022, 12:20 PM
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I don't think that you can charge the owner of a service animal any fees that you wouldn't charge a tenant who has no pets. The law considers it discrimination to charge extra for having a service animal.
Landlords sure have drawn a short straw!
  #42  
Old 12-15-2022, 02:02 PM
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Large deposits and Wyoming land trust. Entity choice matters
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