For 60% of pet owners with long-term mental health conditions surveyed, their pets were perceived as a source of encouragement in dealing with their mental health. This raises the question, "Should you allow emotional support animals in your rental property?"
Navigating the world of emotional support animals (ESAs) and service animals can be confusing for a new Austin landlord. Understanding the difference between the two is essential.
Keep reading to learn more about allowing emotional support animals in your rental property. This article explores how you can create a supportive environment for tenants with ESAs.
Emotional Support Animals Are Not Service Animals
As a first-time landlord in Austin, TX, know that an emotional support animal (ESA) and a service animal are different. While service animals are trained to perform specific tasks, ESAs provide emotional support to their owners.
There are two federal laws protecting disabled tenants from discrimination. They are The Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). These laws require landlords to allow tenants with disabilities to have ESAs in their rentals.
However, there are some exceptions to these laws. For example, landlords may refuse to allow an emotional support animal if the animal:
- Is disruptive
- Poses a health risk or safety risk to other tenants
Landlords should also require tenants to provide documentation from a licensed healthcare professional, such as an ESA housing letter. This letter verifies that the tenant has a disability and that the animal provides emotional support.
Allowing ESAs Can Boost Tenant Happiness
It's worth noting, however, that allowing your tenant to have an emotional support animal can increase tenant happiness and lead to fewer vacancies. This is because tenants with emotional support animals are less likely to move out of a rental property that allows them to keep their pets. Landlords willing to accommodate emotional support animals may find finding and keeping great tenants easier.
Have an ESA Clause in the Rental Agreement
If you are a landlord considering ESAs in your rental property, having an ESA clause in the rental agreement is vital. This clause specifies the terms and conditions of allowing emotional support animals on the property. A rental agreement's ESA clause should include information such as:
- A definition of emotional support animals and service animals
- A statement that the landlord will allow tenants with disabilities to have emotional support animals in the rental property
- A list of the specific requirements for emotional support animals, such as breed exclusions, licensing, vaccination, etc.
- A statement that the landlord may evict a tenant if the animal is disruptive or poses a health or safety risk to other tenants
Boost Your Tenant Happiness Today and Profit
It is important to note that landlords are not required to allow tenants to have emotional support animals in their rental properties. However, if a tenant has a valid ESA letter, the landlord cannot legally deny them the right to have their ESA with them.
Contact Austin Property Management today and experience the difference that highly educated, licensed professionals can make. We pay meticulous attention to details, ensuring that nothing is overlooked. As Austin natives, we understand the local market. We're committed to being accessible, attentive, and responsive to your requirements.
