Tenant brought in a pet and is calling it an emotional support animal

[Anonymous]

I have an investment property in Fairfax county. We rent it to 4 young women. One of them got a dog that has been terrorizing the other three tenants. One of the tenants has moved out because of the dog. We have asked the woman who got the dog to move out and she refuses, claiming the dog is an emotional support animal. What can we do? I feel for the other tenants and want to resolve this amicably.

[Anonymous]

If no pets is a clause in the lease and she didn’t disclose this with you prior to moving in, that’s ground enough for eviction. I’d start the process immediately.

[Anonymous]

Emotional support animal is not a real thing. A trained service animal for a specific medical need is one thing (and you are allowed to ask what medical need the animal assists for).

Evict. And obviously keep her deposit for violating the lease.

[Anonymous]

Her need for emotional comfort is not greater than your other tenants’ need for emotional comfort. No pets provision in lease makes it easier, but even if the lease is silent or says it’s at the landlords discretion, if you can document evidence that you lost one tenant because of the dog and that the others do not want to live with the dog, you can start getting her out of there.

[Anonymous]

You probably already know this but you are under no legal obligation to allow an emotional support animal. It’s your property; if you don’t want pets, people can’t bring in pets.

I think you might have to go through the legal system to get her out. Google how to do it or maybe call the sheriff’s office? You could also download an official-sounding eviction form letter and give it to her personally.

I am kind of upset in your behalf. She should not be doing this to you.

[Anonymous]

Virginia by the way is a pretty landlord-friendly jurisdiction. It will be a pain but it shouldn’t be too hard to evict her.

[Anonymous]

Evict. Her excuse is BS.

[Anonymous]

I am sitting at Starbucks and the lady next to me has s small dog in her bag! The dog smells terrible and wearing a stupid vest with I am a emotional dog.

[Anonymous]

Anonymous wrote:I have an investment property in Fairfax county. We rent it to 4 young women. One of them got a dog that has been terrorizing the other three tenants. One of the tenants has moved out because of the dog. We have asked the woman who got the dog to move out and she refuses, claiming the dog is an emotional support animal. What can we do? I feel
for the other tenants and want to resolve this amicably.

[Anonymous]

I assume you have an attorney on retainer. Have the attorney send a notice ordering the tenant to remove the dog within 7 days under penalty of eviction. Then evict.

This isn't hard.

I do assume you have a provision prohibiting pets.

[Anonymous]

Anonymous wrote:I have an investment property in Fairfax county. We rent it to 4 young women. One of them got a dog that has been terrorizing the other three tenants. One of the tenants has moved out because of the dog. We have asked the woman who got the dog to move out and she refuses, claiming the dog is an emotional support animal. What can we do? I feel for the other tenants and want to resolve this amicably.

What does your lease say about pets in general and emotional support animals in particular?

[Anonymous]

Anonymous wrote:I assume you have an attorney on retainer. Have the attorney send a notice ordering the tenant to remove the dog within 7 days under penalty of eviction. Then evict.

This isn't hard.

I do assume you have a provision prohibiting pets.

This should not require an attorney. Google how to do it or call the city. No point wasting money on a lawyer.

I am a lawyer by the way.

[Anonymous]

You have to check to see what your local jurisdiction says. Fair Housing Laws require landlords to accept service animals, but service animal is narrowly defined. However, local jurisdictions can include emotional therapy pets to be treated as service animals. Even then, however, the tenant would have to request a reasonable accommodation by showing that there is a disability and the need for the animal to assist with the disability, and the animal is actually assisting. Also note that even if this hurdle is met you are only required to make a reasonable accommodation, and it may be that poor behavior on the animal's part that is negatively impacting your other tenants may not be reasonable.

Short answer - yes, you can probably evict, but there are steps you should follow:
1) Check your local law regarding landlord's obligations to emotional therapy pets, if any
2) If so, tenant must show that they and their pet qualify as a reasonable acccommodation.

[Anonymous]

You already tried to resolve it amicably. Time for a formal eviction notice.

Here is now.

https://www.nolo.com/legal-encyclopedia/the-eviction-process-virginia-rules-landlords-property-managers.html

[Anonymous]

Definitely be careful and check with a lawyer. We had this happen with a tenant and were required to let the person and their horrible dog stay. In the end we did get to keep the safety deposit because of all the damage the dog had done to the new floors. (This was in VA.)

It's so frustrating - best wishes for a good resolution for you. I'm so sorry you're having to deal with this. It's aggravating.