There are laws that protect people with disabilities who need a service dog or an emotional support animal. Those laws extend to their living accommodations. Landlords must follow laws that support tenants’ rights to own service dogs and emotional support animals. Understanding the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA) can help you comply. Tenant rights related to service animals and emotional support animals are confusing. Understanding the laws and requirements can help you meet your legal obligations. American with Disabilities Act The ADA does not recognize emotional support animals as service animals. According to Title II and Title III of the ADA, a service animal is any dog that is trained (or being trained) to support its owner’s special needs. That includes support for their intellectual, physical, psychiatric, sensory or mental disabilities. It covers all public access issues. The owners of these animals have extra protections. Tenant rights related to service animals and emotional support animals are confusing. Understanding the laws and requirements can help you meet your legal obligations. Fair Housing Act Another national law, the FHA, uses the broader, more inclusive term “assistance animals.” It protects housing rights for people who have service dogs and emotional support animals. Landlords must provide “reasonable accommodations.” Service dogs and emotional support animals meet that standard. In most cases, you must allow residents to have them even if the building has a no pets policy. Tenants must qualify for an emotional support animal Emotional support animals are not service animals. People with anxiety, depression and Post Traumatic Stress Disorder must have a letter from a licensed mental health professional. Knowing your tenants’ rights can ensure you meet your legal requirements.

As a landlord, tenants who fail to pay rent can affect your bottom line. Yet, those who show disregard to your property may cause the most headaches. These tenants might make changes to your unit that violate the terms of their lease. Or, their actions could destroy surfaces, fixtures and appliances in the unit. If you’re dealing with a tenant who’s damaged your property, it’s crucial to understand your options. What qualifies as damage? When evaluating damage, it’s crucial to understand how it differs from normal wear and tear. Small stains, scratches, dust and even warped windows qualify as expected wear to a unit. These are often the byproduct of normal use, rather than any recklessness on your tenant’s part. Damages pertain to abnormal wear, and include: Marks or stains on walls Burns or stains on carpet Painting without permission Broken windows or screens Broken appliances Excessive mold What action can you take? If you find a tenant’s unit damaged after they’ve moved out, you can deduct the total repair cost from their security deposit. If this amount exceeds the security deposit, make sure you document any additional expenses, so you can bill your tenant for them. They may refuse to pay, though, in which case you will need to pursue a claim against them for further damages. If you discover the damage while the tenant is living in the unit, you must provide them a Notice to Cure. This document gives them 10 days to correct the violation of their lease. You cannot pursue further action against the tenant if they take corrective action. But if they do not, you will want to file a Notice of Termination, which gives your tenant 30 days to vacate the premises. If they fail to do so, you must file an eviction lawsuit to begin the proceedings for their removal. When you’re having trouble with a tenant damaging your property, it’s crucial to act swiftly. Moving fast can help prevent major losses and will allow you to hold your tenant accountable. An attorney who understands landlord-tenant disputes can help you take the steps to do so.

You want to check on your property, but you have tenants in place. You don’t want to violate the law, but you have a feeling that there are problems in the home that you haven’t been told about. Neighbors have complained about noise, parties and damage to the home, so you want to check things out as soon as possible. As a landlord, you need to be sure of the law. Your tenants do deserve privacy in their unit, but at the same time, you also have a right to enter with reasonable notice. When can you enter your property if a tenant lives there? Usually, you can enter the property if there are health or safety concerns, if you’ve had access granted to you by a court order, if you’ve sold or rented out the property and gave notice for a showing, or if the property needs maintenance. It’s normal to enter the tenant’s apartment or home if you are performing a move-out inspection or planned walk through. Most of the time, you’ll need to give advanced notice. Your lease may dictate exactly how long you have to give your tenant before you enter. Most landlords give at least 24 hours. If your tenant requests maintenance, then that may be the approval for entry that you need. Include that in your lease if you’d like to be able to enter after a maintenance request is made. When can a landlord enter the premises for the purposes of issuing an eviction or ejection notice? If you need to enter the property to evict your tenant, then you can enter if you are with a law-enforcement agent who has a service of process order for the eviction. In any situation, it’s not legal to harass your tenant. If you want to enter the property, always reach out to your tenant and ask about the possibility of entering. Generally, you’ll need to give 24 to 48 hours before you enter, but your lease and the law dictates what you can or cannot do. If your tenant gives you approval to enter, then you can enter right away or at the time they agree to within that period of time. Can you enter in an emergency? In an emergency, you can enter a tenant’s unit at almost any time. For example, if there is a fire, flood or gas leak, you may enter immediately. If you have questions about when you can or cannot enter a tenant’s property, your attorney can give you more advice.