Don't be so quick to discount your tenant's furry companion. For 97% of pet owners in the US, that pet is treated as part of the family.
Things get tricky for a landlord, though, when you introduce service animals and support animals into the mix. They sound like the same thing, and they appear to offer similar services. But how does the law see them, and how does that affect you?
Consider this your therapy animals guide. Today, we discuss the difference between pets, support animals, and service animals in Phoenix, Arizona.
Tenant Pets
Pets are, well, pets. These are any creatures that people keep simply for joy and companionship. No other legal definition matters for landlords.
Pet Laws
Aside from animal abuse laws, very little protects pets. You are well within your rights to deny someone's application if they have a pet. And if you do decide to allow pets, tenants may still be obligated to perform their own maintenance.
If a tenant doesn't have a pet, they can't just get one on a whim. They would need to report this to you and get permission.
Service Animals
Service animals are dogs that help people with a disability to do things they cannot. For example, a dog may help its visually impaired owner safely cross the street. They don't need to wear a special vest indicating they fulfill this function.
Service Dog Laws
As a landlord, you cannot deny a tenant because they have a service animal, period. In fact, tenants have no legal obligation to report that they have a service animal to you. They are well within their rights to withhold this information when signing the contract.
Further, you cannot have any special expectations of them. They still have to clean the apartment, obviously, but you can't take a pet cleaning fee out of the deposit. Nor can you increase the rent because of it.
Emotional Support Animals
Emotional support animals (ESAs) are one of several types of support animals. A licensed therapist will prescribe an animal (not necessarily a dog) to assist in a person's mental health treatment.
Support Animal Laws
Things get murky when it concerns ESAs. In some jurisdictions, they are treated the same as pets.
In Phoenix, though, they have very similar protections to those of service animals. Landlords cannot demand certification documents, nor can they impose handling requirements. The only thing you can do is ask if the animal helps with a disability.
Learn More About Being a Landlord
Things can get confusing when trying to suss out the difference between pets, service animals, and support animals. In short, every landlord is free to decide whether or not to allow pets on their property. Support and service animals, however, tend to have legal protections.
PMI Phoenix Metro makes letting your property as easy as can be thanks to our friendly customer service. Our crack team shares decades of experience to ensure all the Qs are crossed and the Is dotted. Get a free rental analysis and join our happy family.
