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Realtors get to be front and center in helping a landlord at the start of their investment. This puts you at the fantastic advantage to ensure your Landlord client is well equipped to manage their new investment property. Landlords have different opinions and preferences as to whether their rental property will allow dogs – but not all dogs are treated equal. There are service animals, emotional support animals, and pets.
It can be confusing for your Landlord Client to know the differences between an Emotional Support Animal and a Service Animal. A Service Animal is defined as a canine that is specially trained or equipped to assist a person with a disability. An Emotional Support Animal, often called ESA, can be any animal, not just a dog, that provides comfort to its owner by its mere presence. There is no training requirement for ESAs.
As a Realtor, you are in a unique position to inform your Landlord Client about the essential things that must be known about assistance animals.
1. Know how the Fair Housing Act (FHA) applies to Your Landlord Client
The Fair Housing Act (FHA) is a federal regulation that applies to almost every landlord, with very narrow exceptions. The Texas Fair Housing Act (TFHA) mirrors the same language. These statutes make it unlawful to discriminate based on a person being handicap. This means that a landlord must provide reasonable accommodations and modifications for individuals with disabilities to ensure equal access to housing. Both a Service Animal and an ESA (Assistance Animals) are protected under the Fair Housing Act and the Texas Fair Housing Act.
Ultimately this means a “No Pets” policy could get your Landlord Client in hot water if they do not allow a family with a Service Animal or an ESA to rent their property, if certain requirements are met. After all, allowing a tenant to have an Assistance Animal is considered a reasonable accommodation. This means that even if the landlord has a pet policy restricting certain breeds, sizes, or weights, it cannot apply to assistance animals.
2. Helping Your Landlord Client Know their Responsibilities and Options
You can assure your Landlord Client that they do not have to blindly trust any applicant trying to sneak a pet dog in as an Assistance Animal. A landlord can request proper documentation for the Assistance Animal from a licensed medical professional. The documentation must confirm the medical need for the animal, but it isn’t required to provide details about the tenant’s medical condition or disability.
Be sure to also let your Landlord Client know that, unlike regular pets, an Assistance Animal must be allowed in any area of the property where tenants are allowed, including common areas like pools or laundry rooms.
Last, you can let your Landlord Client know that they cannot charge an additional fee for the Assistance Animal. However, if the Assistance Animal causes damage to the property or poses a threat to other tenants, a landlord has the right to take action and address the situation. Your Landlord Client will need to ensure they handle the issue carefully and legally.
3. How to Handle Issues
The exceptional Realtor that you are – you can have an attorney on speed dial to recommend to your Landlord Client if they are unsure of how to handle a situation – ideally before there is a problem.
Let your Landlord Client know that detailed records are their key to success. Properly note the dates of any incidents with a detailed description. Ideally this record will be a writing sent to the tenant (like in an email), but a diary/journal entry can work too. A savvy landlord will offer a potential solution to resolve the problem without infringing on the tenant’s rights.
To provide superior service to your Landlord Clients, you can help them know their responsibilities for reasonable accommodation and how to handle issues appropriately. We would be honored if you would consider us a resource for you and your clients.
SimpleLawTX understands the challenges of Texas real estate and landlord-tenant law. Our experienced team specializes in advising the needs of landlords to remain in compliance with the law. Whether the goal is to handle a situation that has become unmanageable or prevent chaos from occurring, SimpleLawTX is here to help. Contact us today to schedule a consultation. Feel free to contact us via our website https://www.simplelawtx.com/, phone 281-697-6678, or email contact@simplelawtx.com.
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