Topic: Do we have to accept ESAs with no deposit and no recourse for the damages they cause?

This is what “emotional support dogs” do to A/C condensers… Why do we have to accept ESAs with no deposit and no recourse for the damages they cause?

 

I'm pretty sure you can charge for damages an ESA animal does. You may not be able to require a deposit but that doesn't mean the resident isn't responsible for the damages.

We found this after they vacated the property. Of course we can send them a bill, and possibly file a judgment if they don’t pay. But what recourse do we have if they don’t pay?

Nothing but a collection company.
We do inspections twice a year and assess damages and add to the ledger. That has helped us to collect for damages and lets tenants know what is acceptable and what isn't. Doesn't work 100% of the time but it works most of the time.

I have not had a tenant with an ESA that left the property with less damage than their deposit would cover. This tenant owes $2,000, before I found the A/C problem caused by dog urine. That was a new condenser when she moved in.

You can absolutely charge for damages.

Of course we can charge for damages, but it is a hassle and usually ends up in court. We all know that pets cause damage.

Definitely different experiences. i have been doing this 10 years, I have never landed up in court for damage charges. I charge from everything to burned out light bulbs to dirty drip pans to carpet stains.

Video evidence needed. A good attorney will beat this and ask for fee’s.

An assistance animals does not receive an exemption for any kind of property damages just because it’s an assistance animal but, of course, the challenge is you will likely have to pursue the damage claim through the courts since there is no pet deposit to help cover the excess damage. If you use PetScreening be sure to report/record the property damage as an incident report into the platform. This recorded incident will follow the animal owner and assistance animal into perpetuity and will be highlighted to any future property using PetScreening. It’s noteworthy that if there is evidence that the assistance animal for consideration may cause the landlord to be placed in a position of financial hardship then it could be grounds for a denial (i.e. a well documented prior property damage incident would be material in the reasonable accommodation request review.)

You can absolutely charge for damages. I’ve sent people invoices in the middle of their lease. The emotional support pitbulls ate the coper Freon lines to the AC…

No one is exempt from the damages the occupants of their apartment cause. You are able to charge for damages, even if it's an actual service animal.

Residents are responsible for damages caused by service animals and emotional support animals.

Well that perspective is really odd to put it mildly. If a tenant animal of any type causes damage then they are responsible for the cost of such damage. No different than if a resident punches a hole in the wall or door. So yes you have recourse.

Tenants are still responsible for damage.

Correct. These photos should be reported to the ACD so they can charge it back to the resident. You can get quotes for repair even if your team is doing the work. Also, its not the dogs fault, but it is the owners fault. Same with damage from any animal or kiddos.

That looks more like a preventative maintenance issue. All pets release hair, dander and what not but it is our responsibility to maintain the asset. Just saying…

Put up a fence to keep them from doing this, doesn’t have to be big. Think outside the box but don’t blame the esa or pets. This is a people problem

You can charge for damages against the resident no matter who or what causes the damage. The only thing they are really exempt from is the pet fee/deposit/ and pet rent. They are not exempt from following rules, or following community guidelines or what damages are done. They are definitely liable for what they cause. However that looks like maintenance or preventative that caused that….

Looks like dirty coil

I get the frustration. That said, you have the same recourse when they cause damages. And they are admitted without a deposit, because they are not let’s. They are an accommodation for the disabled and help them to function—like a walker or wheelchair. Hope that helps!

How is all of this from an animal? I'm sure the elements of the outside have contributed to the way this looks as well.