Dallas-Fort Worth Real Estate Investor Club

Today I received the following email from a tenant with the subject line above:

Dear Paula,

I hope you're doing well. I wanted to inform you that I have an Emotional Support Animal (ESA) living with me in the house.  She is a German Shepard mix weighing 25 lbs.  

I understand the importance of following the guidelines in the lease agreement, and I wanted to ensure that I am in compliance with any relevant policies regarding ESAs. If you need any documentation or further details about my ESA, please let me know, and I’d be happy to provide it.

Thank you for your understanding and support. Please feel free to reach out with any questions.

...

Her lease renewed last November, before which she asked whether I would consider a 6-month lease. I tried to speculate on the reason for the question, but she responded, "It's just a question." I said no, so we renewed for another 12 months.

A couple of years ago, she had asked for permission to get a "pet," but my properties are pet free, and I did not respond in a way that was very "sensitive" to her supposed emotional needs. So this time she comes to me with it being a done deal and I suppose, a legal challenge.

The only "guidelines in the lease agreement" regarding animals is DO NOT HAVE ANY THERE.

What would you do in this situation? A German Shepherd is not likely to stay 25 pounds for long! Thanks

Start by reading this article What Landlords Need to Know About Emotional Support Animals

I think you will have to accept the animal. You can and should ask her for documentation from a Texas based healthcare professional  detailing the need for the ESA animal. Do not accept printed certificates that certify the animal as an ESA. These normally look like a diploma and sometimes  accompany other documentation which is useless as proof of the need. You can require that the letter be renewed yearly. 

I'm not an attorney, so this isn't legal advice, but I always recommend certified mail for anything you might need/want to prove was mailed, the date it was mailed, etc.

Thanks, Robin

starting a new message so this part doesn't get overlooked.

Speaking of the lease language, what do club members recommend that I include besides the following?:
- Can I ask/require to see evidence of the animal's shots and general health record? I have a vet friend I'm going to ask what those should be.
- It will stipulate that she is responsible and "shall" pick up and properly dispose of dog poop in the yard. And if not, I will not mow the back yard.
- It will stipulate that someone has to be home to confine/restrain the dog inside the house whenever I have to have maintenance people out regardless of whether they need to get inside or not (they might discover that they do need to get inside during the course of the service).
- Howard mentioned that I should stipulate that the certification of need for a support animal is subject to renewal annually.
- what else?

Also would it be really dirty on my part to take the opportunity (lease changes) to raise the rent on a storage shed on the property that I've been leasing to her for all of $25 per month?  It's a decent size, and I'm sure she'd pay a lot more for something offsite not to mention the inconvenience. I have kept it at $25/mo. for about three years. I think a $75 increase is called for don't you?