Service dogs and rentals

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Old 02-28-2015, 11:38 AM
missypie missypie is offline
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Default Service dogs and rentals

So lets say I have a house to rent. I rent it out using lets say The Villages rental folks. I have a stipulation that there are to be no pets or smoking. The renters move in and then I find out that they have a dog living in the home. I am told the dog has to stay because it is a Service Animal and not a pet. I guess so it goes??
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Old 02-28-2015, 11:55 AM
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Yep.
You could ask them to leave and risk losing your house.
And there are checkers that are not going to rent but will ask you about service animals and if you hesitate they may sue for $10 or $20 thousand but you may stll have your house.
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Old 02-28-2015, 12:45 PM
Miles42 Miles42 is offline
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Service dogs, what a joke. It is easy to get any dog certified as a so called service dog. In today's society everyone thinks they are entitled to do as they please with the property of others.
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Old 02-28-2015, 12:45 PM
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I guess you'd have to let them stay due to the laws. But, so not nice of them to not let you know the circumstances.

I would hope that most folks in that situation (the renter) would look for pet friendly rentals only.
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Old 02-28-2015, 12:50 PM
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Quote:
Originally Posted by Miles42 View Post
Service dogs, what a joke. It is easy to get any dog certified as a so called service dog. In today's society everyone thinks they are entitled to do as they please with the property of others.
You are right that it is easy....but don't assume that this dog is not a legitimate service dog. Maybe it is......however, it's still rude to not disclose before moving in. I'd be fuming if someone pulled that with me.
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Old 02-28-2015, 12:54 PM
kansasr kansasr is offline
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Unless you own 3 or more single family houses, you aren't subject to the Fair Housing Amendments Act. And you'd certainly be within your rights to ask for proof of disability (given that this is a much more long term contract than, say, going into a supermarket with your service animal.) Regardless, I'd contact an attorney before doing anything!
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Old 02-28-2015, 01:29 PM
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Everyone knows I love animals but some people cannot be where animals are or where they have been because of allergies. I think that anyone who would hoodwink another in this manner is a not nice person. It just stinks.
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Old 02-28-2015, 02:56 PM
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Speak to an attorney. The renter was very wrong not to release this information to you before taking up residence.
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Old 02-28-2015, 03:54 PM
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Being you stipulated that there are to be no pets or smoking, and they brought in a dog, to me they went against the lease. I'd definitely speak to an attorney.
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Old 02-28-2015, 04:02 PM
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At the very least you should be able to charge an additional cleaning fee if your place is normally pet free. We had to pay $300 cleaning fee on a pet friendly rental.

And I would ask to see confirmation that it is in fact, a service dog. Too many know that they can get away with it because proprietors and or homeowners are afraid of lawsuits. They should have found a pet friendly unit.
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Old 02-28-2015, 04:26 PM
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Quote:
Originally Posted by kansasr View Post
Unless you own 3 or more single family houses, you aren't subject to the Fair Housing Amendments Act. And you'd certainly be within your rights to ask for proof of disability (given that this is a much more long term contract than, say, going into a supermarket with your service animal.) Regardless, I'd contact an attorney before doing anything!

Fair Housing Act and Amendments | Nolo.com

My understanding (not a lawyer) is that if you own 3 or fewer rental properties you further must not be using a broker to qualify as exempt. Additionally there are very stringent rules about what you can and cannot ask of a person who claims they require an animal as either a service or a comfort animal. As the OP clearly indicated that a broker was used, the full anti-discrimination regulations would apply regardless of the number of houses owned.

Frequently Asked Questions - Housing | Service Dog Central
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Old 02-28-2015, 04:46 PM
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I would think that if you changed the word"pets"to "animals" you would be protected.
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Old 02-28-2015, 04:50 PM
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For many years we owned beach properties at the Jersey shore. They were rented on a weekly basis and most times rented through a realtor. Twice the realtor called to ask if we'd allow a service dog; we declined due to severe allergies. Not sure the federal laws prohibiting discrimination in housing applies to a short-term vacation rental but both times the realtor said they don't want problems between renter and owner (their low commission is just not worth the headache). And only once in over a dozen years did we find a renter who had a dog in our rental house -- my allergies acted up in 5 minutes so we knew! Realtor told us to keep their deposit for extra cleaning. There are so many pet friendly house rentals, hotels, etc...so why be deceitful and not disclose the "service dog"?
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Old 02-28-2015, 05:41 PM
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We've dealt with "pet free" and "no pets" in NC. Pet Free is telling a perspective occupant there are no pets permitted in the property and is free of anything pet related that can cause allergy's or aggravate asthma. No pets is saying pets are not permitted. But, if an owner or an owners guest has a pet, there may have been animals in the house.

Nothing legal in the terms and only rule of thumb within many renting communities.
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Old 02-28-2015, 05:49 PM
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I do believe in Florida under the Fair Housing and the Americans with Disabilities Act, you are required to permit tenants with Service or Companion Dogs. You can however, if I am not mistaken, ask for a doctors letter stating the dog is needed. You don't want a lawsuit on your hands, it's just not worth it.
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