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I am often asked what a landlord should do if a tenant asks for a reasonable accommodation to have a companion animal. Typically, the request is made through a letter from a medical professional, usually a psychiatrist, psychologist, or therapist, and asked for a "reasonable" accommodation under the Americans with Disabilities Act and the Fair Housing Act to allow the tenant to have a therapeutic animal when the lease clearly prohibits pets.
The landlord needs to be very careful here to avoid liability under either the Americans with Disabilities Act or the Fair Housing Act, especially because a violation of either act can lead to the landlord having to pay a hefty penalty, as well as the tenant's attorneys fees. In order to make a request for a reasonable accommodation under the law, the tenant has to: 1. Show that they have a disability; 2. Request a specific change in the rule; and 3. Explain how this change is necessary to accommodate the disability in order to make the housing accessible, to fully use the home, or to reduce the negative effects of the disability. HOMEline, The Landlord's Guide to Minnesota Law, p. 35, [publication date unavailable]. The landlord's duty to take action is not triggered unless and until the tenant submits a request for reasonable accommodation that meets the requirements of the law's criteria. Id. however, I would generally encourage landlords to err on the side of caution and construe a request for a companion animal liberally, if only to avoid potential liability. According to HOMEline, if a tenant makes a request for a reasonable accommodation to have a companion animal, "you only have to make a reasonable accommodation that meets the disabled tenant's requirements." Id. Further, "y]ou might be able to restrict the size or breed of the animal, and the tenant will still need to comply with any restrictions imposed by the city." Id Landlords have to be very cautious and make sure to follow the law carefully when addressing a request for reasonable accommodation. I do not think that any landlord would want to be exposed to the potential liability that can come from violating the law and discriminating against a tenant. Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post. To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, but typically do not represent tenants. WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. You should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 450-9494 to set up an appointment to discuss your situation. A report recently published in Minnesota Post insinuated that greater Minnesota had an eviction "problem." In addition, a report by HOMEline, a tenants' rights organization, said that renters were evicted were "displaced" from their rental housing. Here are links to both articles:
https://www.minnpost.com/economy-0/2018/06/greater-minnesota-s-eviction-problem https://homelinemn.org/5709/evictions-in-greater-minnesota-report/ My perspective on both of these articles is that a lease is a contract, like any other. If you break a contract that you have signed, you generally can count on being sued, either for money damages or to enforce the contract. If you sign a contract saying that you will pay a certain amount of money per month in exchange for housing, and do not make that payment, you can reasonably expect to be sued in an eviction action because if you will not pay the rent, somebody else will. Yes, persons who are evicted are "displaced" from their rental property, and such persons can count on the fact that an eviction was filed will show up on their background report, and potentially affect their ability to obtain rental housing in the future, employment, and/or other opportunities. However, I really think that tenants need to think about the potential consequences of not paying the rent before deciding to spend the rent money on something else. A landlord always has to remember that being a landlord is a business, not a charity. In other words, a landlord owns rental property as an investment and for income. If a tenant is not paying the rent, they are not helping the landlord to pay down the mortgage or increasing the landlord's cash flow. In fact, a tenant who does not bother to pay the rent is a liability for the landlord, and the landlord needs to get rid of that tenant as quickly as possible. In other words, the tenant is a "problem." In Minnesota, the way that a landlord can legally get rid of a problem tenant is through the court process called eviction or unlawful detainer. If the rental property is owned by a corporation, limited liability company, or partnership, then the landlord has to be represented by an attorney. Individual landlords can represent themselves, but I would strongly recommend that individual landlords hire an attorney to represent them in court. Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post. To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. I DO NOT REPRESENT RESIDENTIAL TENANTS. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, but typically do not represent tenants. WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. You should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 450-9494 to set up an appointment to discuss your situation. Tim is teaching a free CLE/seminar on how a landlord can legally get rid of a problem tenant. The seminar will cover evictions, security deposits, abandoned tenant property, and other aspects of landlord-tenant law.
ATTORNEYS: One standard CLE credit has been applied for. The seminar will be held on Friday, June 15, 2018 from 9 AM – 10 AM at Tim’s office, 2140-4th Avenue, Anoka Minnesota 55303. Space is limited, so advance registration is required. For more information and to register, please visit: https://www.eventbrite.com/e/how-can-a-landlord-can-legally-get-rid-of-a-problem-tenant-tickets-46670680261 |
AuthorTimothy H. Baland, Esq. Categories
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