Legal changes happen frequently when it comes to
Boca Raton property management, and our job is to stay one step ahead of those requirements and regulations. One area in which we see a lot of landlords make mistakes is service animals. Service animals are protected by a number of federal laws, and while most rental property owners understand that they cannot deny housing to people who need service animals, they don’t always understand the details involved in those fair housing protections.
When renting out a property in Boca Raton, you have to be aware of the laws protecting service animals, emotional support animals, and companion animals. There are some specific things related to these animals that you can and can’t do when it comes to leasing your home, screening your tenants, and
managing your property.Service and Support Animals Are Not PetsMany rental property owners don’t want to open their investment properties to pets. They’re worried about the damage that can be caused and the liability that often comes with dogs and cats living in the rental home.
Not allowing pets is perfectly legal. However, service and support animals are not considered pets.
The law considers these animals to be accommodations, just like a wheelchair ramp or a handrail. You cannot deny a service animal, companion animal, or emotional support animal even if you don’t allow pets.
Not only can you not deny these animals - you also cannot charge a pet deposit or a pet fee. You cannot charge any pet rent.
If you don’t want to accept a pet into your rental property, you don’t have to. But, you are required to accept service and support animals, and you cannot deny a tenant who is otherwise qualified for your home just because he or she is moving in with a service animal.
Boca Raton Property Management and Reducing Liability
While you have to allow service animals into your property when a tenant needs the accommodation, there are some things you can do to mitigate your liability and the risk to your property.
First, you can ask for required documentation. Service animals are going to have paperwork explaining exactly what they do. Emotional support animals are a little different. The animals are designated as providing emotional support, and instead of having paperwork, the tenant will need to procure an authorization or some kind of documentation from their medical doctor or healthcare provider. This will outline what the animal is needed for.
We recommend that you do your due diligence and screen the animal. Contact the doctor who signed off on the tenant’s documentation to confirm everything.
