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No I'm just saying it's not a deposit if it's non refundable, it's a fee or charge. A deposit implies it can be returned if there is no damage.
non refundable deposit is an oxymoron to me.
You can say non refundable deposit meaning they won't get it back, but to me it's a way to cheat someone.
Like when you charge someone to do a background check you wouldn't say it's a non refundable deposit, it's a charge or a fee.
That's just me and a pet peeve of mine. No pun intended.
In CA, at least, a landlord may not have any non-refundable fees of any kind, other than the original application fee, which must only be their actual out-of-pocket costs for credit checks, etc.
An ESA is considered a medical necessity, not a pet. So, no pet fees or extra deposits are allowed - because, you wouldn't be able to charge a fee for someone's wheelchair. And an ESA is the equivalent of a wheelchair - a medical necessity for a disability.
What a disabled person has to do, is ask for a "reasonable accommodation" for their disability, which is a request that you bend one of your rules for them because they need you to do so, for them to be able to live comfortably in your unit. The request has to be reasonable, and can't cause you unreasonable hardship, but it's really hard to deny someone a cat. A pitbull that might cause you to lose your insurance - you might be able to deny. Or, if she was a roommate and you were deathly allergic to cats yourself - you could probably then deny the cat. At any rate, their request must be reasonable ( a service giraffe could easily be denied for instance), but you are required to otherwise pretty much give them what they ask for, as a disabled person.
I would not be so quick to not renew her lease, either, because she can claim that you "constructively" evicted her based on her being disabled and asserting her rights as a disabled individual. And it's my opinion that she'd win. Same for raising her rent any higher than anyone else's, or above the going market rents, etc. All she'd have to do is file a discrimination claim with HUD and you'll be explaining yourself to the federal government.
But, really, if you just take a deep breath, you do have remedies for any potential problems. If the cat is making a ton of noise and bothering other tenants, you can give her warnings and kick her out based on that. If the cat does damage, you can keep her deposit and charge her for any damage beyond the deposit, by suing her if necessary. And, since she's obviously close to her folks, they might even pay you for any damage beyond the deposit.
She may end up being a fantastic tenant that stays a long time without any problems, with a cat that does no damage.
And no, all ESAs are not a scam or a terrible thing that means huge problems for a landlord.
I have a ESA, and my dog doesn't yap whether I'm home or not. I keep sod in a tray on my balcony with a dog door, and she never has accidents inside, plus, I walk her twice a day, so she rarely uses the sod (which also never stinks, etc.). I'm very quiet and always pay my rent on time and take good care of my apartment and plan on staying here until I die.
So, really, take a deep breath and don't anticipate problems that aren't here yet, and may never arrive.
And, in the meantime, this is an example letter, written by HUD, that you can require her to provide for you by her medical provider. Tell her it must be faxed to you from the doctor's office, and verify that the fax is actually real, etc. Or, fax it to her provider yourself for them to fax back to you. It's HUD document 7399. I'll cut and paste it here:
Sample letter for Companion Animal
DATE
NAME OF PROFESSIONAL (therapist, physician, psychiatrist, rehabilitation counselor)
ADDRESS
Dear [HOUSING AUTHROITY/LANDLORD]:
[NAME OF TENANT] is my patient, and has been under my care since [DATE]. I am intimately familiar with his/her history and with the functional limitations imposed by his/her disability. He/She meets the definition of disability under the Americans with Disabilities Act, the Fair Housing Act, and the Rehabilitation Act of 1973.
Due to mental illness, [FIRST NAME] has certain limitations regarding [SOCIAL INTERACTION/COPING WITH STRESS/ANXIETY, ETC]. In order to help alleviate these difficulties, and to enhance his/her ability to live independently and to fully use and enjoy the dwelling unit you own and/or administer, I am prescribing an emotional support animal that will assist [FIRST NAME] in coping with his/her disability.
I am familiar with the voluminous professional literature concerning the therapeutic benefits of assistance animals for people with disabilities such as that experienced by [FIRST NAME]. Upon request, I will share citations to relevant studies, and would be happy to answer other questions you may have concerning my recommendation that [FULL NAME OF TENANT] have an emotional support animal. Should you have additional question, please do not hesitate to contact me.
Sincerely,
Signature
[NAME OF PROFESSIONAL]
Last edited by NoMoreSnowForMe; 10-02-2018 at 10:23 PM..
Apparently she has been. She's been going home on weekends to see her cat b/c it makes her feel better & her therapist "suggested" she bring it live with her full time.
She's been managing without constant support from this animal on a daily basis? Sorry, just doesn't compute. Unfortunately my comment doesn't help you OP. Wish you well either way.
Just yesterday I watched a "service dog" in a local airport that was an obvious fake. Dog and owner were festooned with decals and labels, but the dog was clearly not working or obviously in training. It kept wrapping it's lead around the owner, crouched over, tail tucked, nervous, panting, generally so distracted it couldn't have assisted anyone. I noticed the owner seemed pretty gratified with the attention she and that poor dog generated.
Only "damage" if you can call it that, that my cat causes is a little bit of scattered litter on the floor. Very easy to clean up with regular vacuuming.
This is the funniest thing I have ever read on this forum!
Who is suggesting the tenant won’t be responsible for damage? I think that goes without saying.
On the flip side, if all documentation is in order and this is legit, and this is a good tenant, I’d be pretty hesitant to non renew at the end of the lease. The tenant may argue discrimination.
Non-renewal is non-renewal… And has nothing to do with discrimination. Evection, not allowing them to move in, yeah those would be cases for discrimination. But non-renewal of lease you don’t need a reason
she's been managing without constant support from this animal on a daily basis? Sorry, just doesn't compute. Unfortunately my comment doesn't help you op. Wish you well either way.
Just yesterday i watched a "service dog" in a local airport that was an obvious fake. Dog and owner were festooned with decals and labels, but the dog was clearly not working or obviously in training. It kept wrapping it's lead around the owner, crouched over, tail tucked, nervous, panting, generally so distracted it couldn't have assisted anyone. I noticed the owner seemed pretty gratified with the attention she and that poor dog generated.
Non-renewal is non-renewal… And has nothing to do with discrimination. Evection, not allowing them to move in, yeah those would be cases for discrimination. But non-renewal of lease you don’t need a reason
I completely disagree. If a tenant can show that there is a possibility that they have been evicted based on anything related to their disability - then it's a disability claim.
Also, at least in CA, if a tenant can show that they have been evicted within 6 months of exerting their rights, which equals a "constructive eviction," then they can win in court regarding the court saying the landlord may not evict them.
For instance, if I argue with my landlord about my rights as far as the landlord not being able to collect pet fees for an emotional support animal - and 5 months later, the landlord says he/she is not going to renew my lease (with no reason given), then I would have a good case to sue for discrimination, based on the fact that they had no reason to kick me out - and a reasonable person would determine that they only kicked me out because I exerted my rights as a disabled person.
I completely disagree. If a tenant can show that there is a possibility that they have been evicted based on anything related to their disability - then it's a disability claim.
Also, at least in CA, if a tenant can show that they have been evicted within 6 months of exerting their rights, which equals a "constructive eviction," then they can win in court regarding the court saying the landlord may not evict them.
For instance, if I argue with my landlord about my rights as far as the landlord not being able to collect pet fees for an emotional support animal - and 5 months later, the landlord says he/she is not going to renew my lease (with no reason given), then I would have a good case to sue for discrimination, based on the fact that they had no reason to kick me out - and a reasonable person would determine that they only kicked me out because I exerted my rights as a disabled person.
So, I'll renew MTM, and boot your cheating ass to the curb on month 7 - with the appropriate 60 day notice, of course.
I completely disagree. If a tenant can show that there is a possibility that they have been evicted based on anything related to their disability - then it's a disability claim
Also, at least in CA, if a tenant can show that they have been evicted within 6 months of exerting their rights, which equals a "constructive eviction," then they can win in court regarding the court saying the landlord may not evict them.
For instance, if I argue with my landlord about my rights as far as the landlord not being able to collect pet fees for an emotional support animal - and 5 months later, the landlord says he/she is not going to renew my lease (with no reason given), then I would have a good case to sue for discrimination, based on the fact that they had no reason to kick me out - and a reasonable person would determine that they only kicked me out because I exerted my rights as a disabled person.
Did you not read my second sentence? I clearly said evictions or non approval could be a case for discrimination. Evictions and non renewals are not that same thing; as former property manager you should know that.
Non renewal does not mean "kick me out", it means "lease is over, move on". Could you sue? Sure, you could because that seems to be the way you roll, but would you win???
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