ESA Landlord Rights and Obligations 3

Question 1

A tenant's ESA causes significant property damage. Who is responsible for the cost of repairs?

Accepted Answer

The tenant, who is responsible for damage caused by their ESA

Answer

The landlord, as ESA accommodation is mandatory

Answer

A shared responsibility split 50/50

Answer

The mental health professional who certified the ESA

Question 2

A landlord operates a building with only 4 units and lives in one of them. Are they required to accommodate an ESA under the FHA?

Accepted Answer

No, owner-occupied buildings with 4 or fewer units are exempt from FHA

Answer

Yes, all landlords must comply with the FHA regardless of size

Answer

Only if the tenant has a visible disability

Answer

Only for dogs and cats, not other ESA species

Question 3

A landlord charges a non-refundable pet fee for all animals. Can they apply this fee to an ESA?

Accepted Answer

No, charging a pet fee for an ESA is prohibited under the FHA

Answer

Yes, ESAs are still pets under property law

Answer

Yes, but only up to $250

Answer

Yes, if the lease specifies it

Question 4

A tenant submits ESA documentation from an online website they paid $50 to use. What should a landlord consider?

Accepted Answer

Evaluate whether the documentation reflects a legitimate therapeutic relationship, not just an online form

Answer

Accept it automatically as legally valid

Answer

Reject it outright as all online letters are illegal

Answer

Contact the website to verify payment records

Question 5

Can a landlord ban a specific breed of dog as an ESA if local ordinances restrict that breed?

Accepted Answer

No, federal fair housing law generally preempts local breed bans for ESAs

Answer

Yes, local breed restrictions always override federal fair housing law

Answer

Yes, but only in multi-family buildings

Answer

No, unless the breed is on the CDC restricted list

Question 6

A landlord discovers a tenant has an ESA but never submitted a formal accommodation request. Can the landlord require immediate removal of the animal?

Accepted Answer

No, the landlord should first engage the tenant and allow an opportunity to submit documentation

Answer

Yes, without a formal request the landlord has no obligation

Answer

Yes, the tenant must start over from eviction proceedings

Answer

No, verbal disclosure is sufficient and no documentation is ever needed

Question 7

A condo association's rules prohibit animals. Does a resident with an ESA have rights against the condo association?

Accepted Answer

Yes, condo associations are covered by the FHA and must consider ESA accommodation requests

Answer

No, condo associations are private entities exempt from the FHA

Answer

Only if the condo has more than 100 units

Answer

Only if the ESA is a service animal, not an emotional support animal