Rental Application and Pet Leash
As a landlord or property manager, securing reliable tenants who respect your property is crucial for your business’s success. Dealing with problem tenants can pose significant risks. Thorough tenant screening is essential, but what happens when you discover a tenant has been dishonest on their rental application, particularly about pets?
It might come as a surprise, but when it comes to rental applications, there’s a specific area where tenants are legally allowed to be less than forthcoming: their pets. While you, as a landlord in many jurisdictions, have the right to implement a no-pet policy on your rental properties, there are legal exceptions you must be aware of. Specifically, you cannot discriminate against tenants who require emotional support animals (ESAs) or service animals due to disabilities.
Individuals with physical, emotional, or mental disabilities are under no obligation to disclose the presence of a service animal or ESA during the rental application process. This protection is in place to prevent potential discrimination, even unintentional, by landlords or property managers. In such cases, your recourse is to request documentation, such as a formal letter, confirming that the animal is a legitimately registered or necessary support animal. It’s important to note that this documentation does not need to reveal the tenant’s specific disability, as such information is protected under privacy laws.
However, misrepresenting other information on a rental application carries significant consequences for tenants. Landlords often establish minimum income requirements to safeguard their business interests. Therefore, falsifying employment status or income details can jeopardize future rent payments and is a serious issue.
Dishonesty regarding criminal history presents another layer of concern. Landlords understandably want to ensure the safety of all tenants and the community. A history of violent behavior in a tenant could pose a risk to others. While background checks typically uncover such discrepancies before tenancy begins, if a tenant’s deceit about their criminal background is discovered later, landlords have options.
In many jurisdictions, landlords are legally entitled to evict tenants who are found to have lied on their rental applications. Furthermore, tenants may face legal repercussions, especially if they signed a form affirming the accuracy of the provided information under penalty of perjury.
Navigating tenant-landlord laws and understanding your rights when tenants are dishonest can be complex. Seeking legal counsel is always a prudent step to ensure you are acting within the boundaries of the law and protecting your property effectively. Understanding the nuances of pet policies, ESAs, service animals, and tenant application accuracy is vital for responsible and legally sound property management.
