Landlord/Property Management

[TDW2024]

Hi
Our property has been vacant. Property Mgt company said they have a qualified candidate. We agreed on a set price for the lease and pet deposit. Lease was sent over with no pet deposit. We have been informed later that the new renters produced an osa which for a pet therapy and they are exempt. We were not notified prior and do not agree to the lease and have emailed saying we would like to review other candidates. Property is in Oregon. This was not disclosed and the mgmt co proceed without our consent. Do I have leeway ? Thanks for your time

 

[Zigner]

Hi
Our property has been vacant. Property Mgt company said they have a qualified candidate. We agreed on a set price for the lease and pet deposit. Lease was sent over with no pet deposit. We have been informed later that the new renters produced an osa which for a pet therapy and they are exempt. We were not notified prior and do not agree to the lease and have emailed saying we would like to review other candidates. Property is in Oregon. This was not disclosed and the mgmt co proceed without our consent. Do I have leeway ? Thanks for your time

Are you saying that the management company already entered into a lease on your behalf?

 

[TDW2024]

It appears that way. When we responded they said we can’t discriminate?? My understanding is we review potential renters and go from there

 

[quincy]

You will need to review your contract with the property management company to see if the management company acted outside the authority you granted them, by leasing to someone without your prior review of the application.

The management company is correct that you cannot discriminate against a potential tenant just because the tenant has a service or support animal, and the management company is also correct that you cannot charge a tenant with a service or support animal a pet fee.

The security deposit can be used to cover any damage to the rental and a landlord still has the right to demand a tenant pay for, or sue a tenant over, damages that exceed the amount of the security deposit.

 

[adjusterjack]

It appears that way. When we responded they said we can’t discriminate?? My understanding is we review potential renters and go from there

The anti-discrimination laws beat your "understanding."

 

[alexander468]

It appears that way. When we responded they said we can’t discriminate?? My understanding is we review potential renters and go from there

Your understanding is deeply flawed.

https://oregon.public.law/statutes/ors_90.390

You are not an absolute dictator just because you own real estate. You are a member of a society. This society has laws. Your Property Management Company is obeying those laws.

You do have leeway. You have the leeway to move to a different location in a different nation-state with different laws. Another option is to build a goddamned time machine and transport yourself to an earlier era in the United States when you could discriminate against whoever you wanted to for whatever reason. Another option is for you to elect politicians who rewrite laws to create the exact sort of place where people like you want to live. Good luck with that.

 

[Zigner]

If the management company is contractually obligated to submit all leases to the OP for review prior to them being entered into and failed to do so, then the management company breached the contract. That is true regardless of the additional aspect of the service animal.

 

[zddoodah]

Property Mgt company said they have a qualified candidate. We agreed on a set price for the lease and pet deposit.

Does "we" mean you and the property manager? Or does it mean all three of you, the property manager and the prospective tenant?

We have been informed later that the new renters produced an osa which for a pet therapy and they are exempt.

When I googled "osa acronym," the main result that came up was "obstructive sleep apnea." I scrolled this list of other possibilities and still don't know what it means in this context.

Regardless, who informed you of this, and on what legal basis does this make the tenant "exempt"?

the mgmt co proceed without our consent. Do I have leeway ?

If your property manager, acting in its capacity as your agent, executed a lease with the tenant, then you are likely stuck with the lease through the end of the lease term. However, if the property manager's actions end up causing you damage, then you may have recourse against the property manager (and, of course, the tenant is still liable for damage to the premises in excess of ordinary wear and tear). I may have additional thoughts depending on your answers to the questions above.

 

[Zigner]

Regardless, who informed you of this, and on what legal basis does this make the tenant "exempt"?

The tenant has a service animal, thus an additional deposit for a "pet" is not allowed under Oregon state law.

 

[alexander468]

When I googled "osa acronym,"

Based on the context, ESA, emotional support animal, was most likely the intended acronym.

 

[LdiJ]

Hi
Our property has been vacant. Property Mgt company said they have a qualified candidate. We agreed on a set price for the lease and pet deposit. Lease was sent over with no pet deposit. We have been informed later that the new renters produced an osa which for a pet therapy and they are exempt. We were not notified prior and do not agree to the lease and have emailed saying we would like to review other candidates. Property is in Oregon. This was not disclosed and the mgmt co proceed without our consent. Do I have leeway ? Thanks for your time

So, your only objection was that they did not pay a pet deposit? You do not object to the tenant otherwise? In that case, I don't see that you have any grounds to do anything. The law does not allow you to collect a pet deposit from someone with a therapy animal and you cannot discriminate against someone for having a therapy animal. I think that your property manager is keeping you out of trouble.

 

[LdiJ]

If the management company is contractually obligated to submit all leases to the OP for review prior to them being entered into and failed to do so, then the management company breached the contract. That is true regardless of the additional aspect of the service animal.

It sounds to me like that is exactly what the property manager did, but the tenant then produced paperwork indicating that they were not subject to the pet deposit. Had the property manager attempted to back out of the lease then, it would have at least looked like a clear case of discrimination if not flat out a clear case of discrimination.

 

[LdiJ]

It appears that way. When we responded they said we can’t discriminate?? My understanding is we review potential renters and go from there

Reviewing potential renters does not quite work the way that you think. In the first place, very few prospective tenants are going to accept being put on a "list" of potential tenants and then waiting for the landlord to decide which one they like the best unless you are in an area where rentals are few and far between. Otherwise most people will just move on to the next place on their list of potential places to rent. In the second place you have to be very careful to avoid any hint of discrimination so you won't get yourself into trouble.