Landlord Rights and Obligations Flashcards

A tenant's ESA causes significant property damage. Who is responsible for the cost of repairs?

Answer: The tenant, who is responsible for damage caused by their ESA

While landlords must allow the ESA, tenants remain fully responsible for any actual damage the animal causes to the property.

A landlord operates a building with only 4 units and lives in one of them. Are they required to accommodate an ESA under the FHA?

Answer: No, owner-occupied buildings with 4 or fewer units are exempt from FHA

Owner-occupied buildings with four or fewer units are exempt from the Fair Housing Act's accommodation requirements.

A landlord charges a non-refundable pet fee for all animals. Can they apply this fee to an ESA?

Answer: No, charging a pet fee for an ESA is prohibited under the FHA

Charging a pet fee or deposit specifically for an ESA is prohibited — the accommodation must be provided at no additional cost related to the animal's status.

A tenant submits ESA documentation from an online website they paid $50 to use. What should a landlord consider?

Answer: Evaluate whether the documentation reflects a legitimate therapeutic relationship, not just an online form

HUD guidance cautions that letters from websites that simply sell forms with no genuine relationship between provider and client may not constitute reliable documentation.

Can a landlord ban a specific breed of dog as an ESA if local ordinances restrict that breed?

Answer: No, federal fair housing law generally preempts local breed bans for ESAs

Federal fair housing protections generally override local or state breed-specific legislation when it comes to ESA accommodations.

A landlord discovers a tenant has an ESA but never submitted a formal accommodation request. Can the landlord require immediate removal of the animal?

Answer: No, the landlord should first engage the tenant and allow an opportunity to submit documentation

Best practice and many courts require landlords to engage with the tenant and give them the opportunity to make a formal request before taking adverse action.

A condo association's rules prohibit animals. Does a resident with an ESA have rights against the condo association?

Answer: Yes, condo associations are covered by the FHA and must consider ESA accommodation requests

Condominium associations are covered by the Fair Housing Act and must engage in the interactive process for ESA accommodation requests.