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 own a rental property, and you worry about illegal activity. Maybe there have been some breaking and entering incidents in the area. You don’t want it to happen at your property. Both to deter thieves and to make sure you have evidence if it does happen, you decide to put up security cameras. Can you do that? Someone else lives there. Would having cameras on the property be an invasion of their privacy? You may own the property, but they still have a right to privacy while legally living in your building. Exterior security Typically, yes, you can put up exterior cameras and security devices. A camera near the front door that looks out at the street, such as a doorbell camera, can give you the security and peace of mind you’re after. The tenant does not have any reason to expect privacy at the front door, while still visible from the street, so it’s not a problem. If you own an apartment building with multiple units, you may also be able to put up cameras in the common areas. For instance, maybe there are exterior stairways or even interior hallways with doors going off into various apartments. Again, these are not places that people think of as private, and they are areas where illegal activity may begin, so cameras are not a problem. No inside cameras That said, be very careful that you never put up any cameras inside the building itself. This has happened in long-term rentals and short-term rentals in New York and led to lawsuits and arrests. You cannot do it. It is a violation of the tenant’s privacy. They have a reasonable expectation of privacy within the space they have rented, just as they would in a home they owned, and you cannot violate that. While this may seem obvious, mistakes happen. Maybe you’re worried about someone breaking in through a window, not the door, so you position a camera in the main living area, facing at the window. You don’t mean to record anything other than a break-in, but you still cannot do it. That is the tenant’s area to use as they see fit and they should have privacy in all parts of the home — not just bedrooms and bathrooms. Resolving disputes Camera use, even when you follow the law, can lead to disputes. Maybe a tenant complains that they don’t like the doorbell camera keeping tabs on when they come and go. Maybe they complain that an exterior camera can see in through a window. When these issues arise, with so much at stake and when dealing with such a sensitive topic, you need to know what legal options you have.