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  1. #1
    Join Date
    Apr 2018
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    7

    Default When to Inform a Landlord About Your Emotional Support Animal

    My question involves landlord-tenant law in the State of: WA

    I recently got an ESA letter to have my pet come stay with me in my strictly no-pets apartment. I am moving out within the next 30 days into one that is pet friendly (so that I won’t have to worry about this topic anymore), but will have my pet with me during that time.

    Since I will have my pet with me for the last month of my lease at the no-pet apartment, am I required to give the letter to the landlord before bringing my pet home with me? Or am I allowed to simply show them this when they question why I have a pet, etc.? I know that since I have the letter I am allowed to have a pet as prescribed, since this is the law, but am not aware of what the law is regarding notifying my landlord of having a pet due to this letter when the apartment is no-pets policy.

  2. #2
    Join Date
    Oct 2014
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    8,238

    Default Re: Emotional Support Animal Letter to Landlord

    Quote Quoting Tsm
    View Post
    My question involves landlord-tenant law in the State of: WA

    I recently got an ESA letter to have my pet come stay with me in my strictly no-pets apartment. I am moving out within the next 30 days into one that is pet friendly (so that I won’t have to worry about this topic anymore), but will have my pet with me during that time.

    Since I will have my pet with me for the last month of my lease at the no-pet apartment, am I required to give the letter to the landlord before bringing my pet home with me? Or am I allowed to simply show them this when they question why I have a pet, etc.? I know that since I have the letter I am allowed to have a pet as prescribed, since this is the law, but am not aware of what the law is regarding notifying my landlord of having a pet due to this letter when the apartment is no-pets policy.
    There is nothing in the law that says when you have to provide the documentation to the landlord. In my view it is better to let the landlord know up front and explain that you have a support animal and that the law protects your right to have a support animal to head off a confrontation where the landlord comes at you upset thinking that you are violating the no pet policy. But since you will only have the pet the last 30 days of your tenancy, there is not much that the landlord can do about it anyway. Ultimately, it’s your call how you want to handle it.

  3. #3
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Emotional Support Animal Letter to Landlord

    Be aware that the feelings towards what qualifies as a service animal is changing, in WA (and if here then definitely elsewhere) to a definition that is more stringent. I hope it leads to far, far few dogs in the grocery store, hardware store and other, shall we say, businesses. The ESA concept has definitely muddied that water between the blind persons guide dog, epileptic's seizure dog and the like AND the person who just can't be separated from Rover.

  4. #4
    Join Date
    Apr 2018
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    7

    Default Re: Emotional Support Animal Letter to Landlord

    Okay, thanks. I know the “right” thing to do is to inform my landlord up front. It’s just that since I only have 30 days left, I’d rather avoid the particularly awkward conversation/email to management and just hold on to the letter if the topic comes up.

    My only other questions is, on all the ESA sites (and I think HUD said it somewhere, too) it said the person with the ESA letter should request accommodation from the landlord once receiving the letter and that accommodation also includes changes to no-pet policies. Is this saying I do have to inform them ahead of time, or just that I should?

    Also... on the topic of esa laws changing, Im not aware of any of this, or whether its true or not. However, I know my ESA documentation doesn’t hold up somewhere like a grocery store, as you mentioned it does. I only plan to use this ESA letter at my current no-pet apartment in my last month of tenancy.

  5. #5

    Default Re: Emotional Support Animal Letter to Landlord

    Quote Quoting Tsm
    View Post
    Okay, thanks. I know the “right” thing to do is to inform my landlord up front. It’s just that since I only have 30 days left, I’d rather avoid the particularly awkward conversation/email to management and just hold on to the letter if the topic comes up.

    My only other questions is, on all the ESA sites (and I think HUD said it somewhere, too) it said the person with the ESA letter should request accommodation from the landlord once receiving the letter and that accommodation also includes changes to no-pet policies. Is this saying I do have to inform them ahead of time, or just that I should?

    Also... on the topic of esa laws changing, Im not aware of any of this, or whether its true or not. However, I know my ESA documentation doesn’t hold up somewhere like a grocery store, as you mentioned it does. I only plan to use this ESA letter at my current no-pet apartment in my last month of tenancy.
    So your breaking your lease 3 months early and want to go the route of forcing the landlord to accept your ESA? Why not just wait until you move out?

  6. #6
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Emotional Support Animal Letter to Landlord

    I don't see where the lease is being broken three months early, but I am curious where this support animal has been for the time Tsm has been living here. Of course, I also don't know how long Tsm has been living there, or what the ESA is species-wise. Not all ESA's are dogs.

    https://www.insideedition.com/headli...n-there-for-me

  7. #7

    Default Re: Emotional Support Animal Letter to Landlord

    Quote Quoting Catmad
    View Post
    I don't see where the lease is being broken three months early, but I am curious where this support animal has been for the time Tsm has been living here. Of course, I also don't know how long Tsm has been living there, or what the ESA is species-wise. Not all ESA's are dogs.

    https://www.insideedition.com/headli...n-there-for-me

    https://www.expertlaw.com/forums/sho...944&highlight=

  8. #8
    Join Date
    Jan 2006
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    38,867

    Default Re: Emotional Support Animal Letter to Landlord

    Quote Quoting Tsm
    View Post
    Okay, thanks. I know the “right” thing to do is to inform my landlord up front. It’s just that since I only have 30 days left, I’d rather avoid the particularly awkward conversation/email to management and just hold on to the letter if the topic comes up.

    My only other questions is, on all the ESA sites (and I think HUD said it somewhere, too) it said the person with the ESA letter should request accommodation from the landlord once receiving the letter and that accommodation also includes changes to no-pet policies. Is this saying I do have to inform them ahead of time, or just that I should?

    Also... on the topic of esa laws changing, Im not aware of any of this, or whether its true or not. However, I know my ESA documentation doesn’t hold up somewhere like a grocery store, as you mentioned it does. I only plan to use this ESA letter at my current no-pet apartment in my last month of tenancy.
    technically you have to request the accomodation. The landlord has a right to demand proof of need and benefit and can deny your request if the proof is not provided.

    As it stands, regardless what you have in hand, bringing your let into the apartment provides the landlord the grounds to give you a notice to cure or quit. If you simply ignore the demand he can proceed with eviction

    somewhere along the line it would be in your best interest to discuss this with the landlord ASAP. Until you do you are actually violating your lease.

    And no, it does not require a change to a no pet policy. A support animal is not considered a pet under the law. It is equal to a service animal regarding housing issues.

  9. #9
    Join Date
    Apr 2018
    Posts
    7

    Default Re: Emotional Support Animal Letter to Landlord

    I’m confused, you said it doesn’t require a change to the no pet policy under the law... but according to HUD’s website it does (with very rare exceptions that I know my landlord does not fit under). Where do you gather they are not required to make an exception for my ESA? HUD even states they will pursue legal action, at their expense and none of mine, if they discriminate and do not make an exception. Can you specify where you got this info?

    I also have emailed my landlord the letter from my doctor and requested accommodations. Am I supposed to wait for a reaponse? I know the only option is for them to make an exception but do I have to wait until that is granted even though I have sent in my documents proving my ESA.

    Quote Quoting Lill1
    View Post
    So your breaking your lease 3 months early and want to go the route of forcing the landlord to accept your ESA? Why not just wait until you move out?
    I could also spin this around as “it’s only 30 days, so why can’t my landlord make an exception for such a short timeframe — especially considering it is legally required AND for a documented medical condition.” I am not inconveniencing anyone by asking for a small exception that will only last about 30 days...

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Emotional Support Animal Letter to Landlord

    Making a change to the policy and allowing you an exception to the policy are not the same thing.

    Making a change to the policy affects everyone in the building. Allowing you an exception to the policy only affects you.

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