Pet Deposit and Addendum Issue

[Artylicus]

I live in Pennsylvania. We entered into a multi year lease two years ago. The original lease has a 'no pet' clause. Shortly before the start of our third year (this year) of the original lease, the landlord approved the addition of a pet with a pet addendum with the stipulation we paid an additional $1,000 'pet' security deposit. We had already paid a security deposit prior to moving in that was equal to one months rent. We were also required to pay both first and last months rent in advance. We are in the third year of a multi year lease and in the state of PA there are legal limits to security deposits designed to protect both tenant and landlord. In the second and subsequent years of a lease, the landlord cannot retain more than a single months worth of security deposit and this includes charging any additional deposits exceeding the statutory maximum. Both parties were unaware of this at the time the agreement was made for the pet addendum and additional deposit. We became aware of our legal rights and attempted to negotiate the deposit down rather than cite the law. The landlord allowed us to purchase and house our small animal prior to the deposit being paid while they drafted the addendum. We still have not paid deposit attempting to negotiate and now citing our legal rights regarding security deposits and landlord is threatening to evict if unpaid or we dont get rid of the pet now because original clause is no pet. Addendum was created without knowledge of security deposit laws and pet purchase approved prior to landlord receiving deposit (it took them 4 weeks to draft addendum). What are our legal options? On one hand they're violating our rights by requesting an additional deposit that now exceeds pa statutory second year maximum but are telling us the dog has to now go despite approval for it on a now illegal deposit addendum. Finally, the aninal is in process of being certified emotional support for my kid and this all seems to run afoul of Ada, fha, and security deposit law. Can they now force us to get rid of the dog or evict if we fail to pay now knowing our rights?

 

[Gail in Georgia]

Typically a pet deposit is separate from a security deposit. A landlord is allowed to require both in the event that allow a tenant to have pets.

If you do manage to get the dog certified as an emotion support ANIMAL then it no longer is considered a pet and thus a pet deposit would not be required. Be aware, however, that such certifications require documentation from the appropriate medical provider and not from one of the many online sites where you can purchase such for under $100.

In addition, if the dog causes damage or (worse case scenario) is violent to others then the cost of such damage can be taken out of the security deposit or Animal Control can step in to address the violence issue.

Unfortunately, the issue of ESA animals seems to have gotten far out of control in many rental situations and it appears to be biting legitimate ESA owners in a tender spot.

Gail

 

[adjusterjack]

What did your landlord say when you showed him the statute (250.511a)

https://www.thelpa.com/PA_landlord_tenant_act.pdf

 

[Artylicus]

They said they interpreted it to mean they can charge another security deposit and that we are wrong even though NOLO and Pennsylvania legal websites that reference security deposits refute that and state the second year the 'LL can hold a maximum of one month rent. Pet deposits are considered part of the statutory maximum. They said well get rid of the pet then. This was after they and we agreed to the $1000 not knowing the law or our rights. The sticky part is they told us it was ok to get the pet in advance while the addendum was being drafted. Now there's a conflict and were being told they will enforce the original lease with a no pet provision despite statements to the contrary if we don't pay. It feels like extortion. We were all ignorant of landlord and tenant rights and laws pertaining to this but now we have the pet which they OKd and they want us to toss it or pay.

 

[adjusterjack]

Then your option is to keep the pet, refuse to pay the additional deposit and wait and see what the LL does.

If the LL gives you termination notice (step 1) you are free to ignore it. If the LL takes you to court (step 2) you are free to defend and have a judge rule on this issue.

Meantime, if you get the ESA certification (a real one, not a scam just to give your kid a pet) that will help you in court.

 

[DeenaCA]

Just to clarify, there is no requirement for training or certification for assistance animals that provide emotional support to persons with disabilities. See https://www.hud.gov/sites/documents/SERVANIMALS_NTCFHEO2013-01.PDF:

An assistance animal is not a pet. It is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability. Assistance animals perform many disability-related functions, including but not limited to, guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing to sounds, providing protection or rescue assistance, pulling a wheelchair, fetching items, alerting persons to impending seizures, or providing emotional support to persons with disabilities who have a disability-related need for such support. For purposes of reasonable accommodation requests, neither the FHAct nor Section 504 requires an assistance animal to be individually trained or certified.

However, note that some landlords are exempted from requirements of the Fair Housing Act (those who rent no more than 3 single-family homes or one owner-occupied multifamily of up to 4 units). Also, the landlord can require proof of the disability-related need for the assistance animal.