As a landlord, understanding the differences between service and emotional support animals and how they should be treated in lease agreements is not only essential for legal compliance, but it can also help you create a positive environment for your tenants while protecting your property.

Here's the bottom line: not all animals are treated equally under the law, and as a landlord, it's your responsibility to know the distinctions between these types of animals. Let's break it down.

1. Service Animals: Legally Protected and Non-Negotiable

First, we need to understand what constitutes a service animal. According to the Americans with Disabilities Act (ADA), a service animal is a dog (and in some cases, a miniature horse) that is specifically trained to perform tasks for a person with a disability. The key here is that service animals are not considered pets--they are a medical necessity.

For example, a service dog might help someone who is visually impaired navigate public spaces or alert a person with epilepsy before they experience a seizure. Under the ADA, landlords cannot:

• Charge extra pet fees
• Impose weight restrictions
• Apply breed bans to service animals

In other words, if a tenant has a legitimate need for a service animal, you cannot refuse them access to your rental property based on the presence of that animal, nor can you impose any special conditions or fees.

2. Emotional Support Animals: Different Legal Protections

Now, let's talk about emotional support animals (ESAs). While similar to service animals in that they help individuals with disabilities, ESAs do not require specialized training to perform specific tasks. Instead, their role is more about providing emotional comfort to their owners, which can alleviate symptoms of conditions like anxiety, depression, or PTSD.

Under the Fair Housing Act (FHA), emotional support animals are protected in housing situations, meaning landlords cannot deny a tenant with an ESA solely based on the presence of the animal. However, there are a few key differences compared to service animals: landlords may request documentation from a healthcare provider that confirms the tenant's need for an ESA.

3. Pets: The Traditional Tenant Animal

Finally, we get to pets. Unlike service animals and ESAs, pets are animals that are kept for companionship or pleasure, rather than for medical or therapeutic reasons. As a landlord, you have much more discretion when it comes to pets--meaning you can set policies regarding which types of pets are allowed, establish pet fees, and impose size or breed restrictions.

That said, it's still important to ensure that your pet policies are clearly outlined in your lease agreement to avoid confusion or legal complications down the road. This is where a property management company can help, using their expertise in handling legal paperwork, saving you from costly fines and penalties.

How HomeRiver Group Can Help Manage Animals in Your Property

Managing animals in your rental property doesn't have to be a headache, especially when you have a property management company like HomeRiver Group on your side. HomeRiver Group offers comprehensive property management services, including dealing with service animals, emotional support animals, and pets in compliance with all relevant laws.

Contact us to find out more about how we can take the guesswork out of property management.