Legal Question in Landlord & Tenant Law in Florida
Can a landlord charge a pet deposit and monthly pet fee if a tenant has a letter from a mental health provider that the pet is required for emotional support due to a mental disability according to the HUD rules or other Florida law?
1 Answer from Attorneys
HUD question and answer page provides the following--https://portal.hud.gov/hudportal/HUD?src=/states/shared/working/r10/fh/questions
Situation 1
John has been diagnosed with severe depression and is disabled as defined by the Fair Housing Act. His doctor prescribes John a dog to help alleviate some of his symptoms. John asks his landlord if he can have a dog as a reasonable accommodation for his disability. His landlord says yes, but tells John he'll need to pay a $250 pet deposit and must provide proof that the animal is trained.
Question: Did John's landlord correctly handle John's request under the Fair Housing Act? What if John wanted a cat or a ferret instead?
Answer: No, John's landlord did not handle his request correctly. The landlord cannot charge John a pet deposit for his animal because it is not a pet, but rather a service/companion animal required for disability. Further, the landlord cannot ask for proof that the animal is trained. Lastly, service/companion animals do not have to be just dogs; they can also be other animals, such as cats or ferrets
there are limitations to the application of this rule depending on the amount of units which are leased.
Property managers/landlords are NOT required to make a reasonable accommodation under the Fair Housing Act for ESAs or Service Animals in these cases:
•Buildings with 4 or less units where the landlord occupies one of the units
•Single family housing sold or rented without a real estate broker
•Hotels and Motels are not considered dwellings under the FHA but are considered places of public accommodation under the Americans with Disabilities Act
•Private Clubs
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