You have some control as a landlord over whether animals are allowed on your property. However, fair housing laws protect some animals.

These two types of animals may be required in your rental property.

• Allow pets to be allowed or not.

• Assistance animals are allowed in reasonable accommodation

Before making any final decisions about your animal policies, check with a local attorney who is well-versed in this subject about local laws and regulations regarding allowing animals at your rental.

Choosing Whether to Accept Pets

You can restrict the size and types of pets you allow if you have decided to allow them. In your listing and your lease, be sure to indicate which pets are allowed on your property. You could say, "two cats," or "one dog," or "one dog less than 50 pounds."

You may also need to meet the pet and give your approval. If your jurisdiction allows it, you may also require a separate pet fee if the animal causes any damage to your property. A separate pet agreement can be created or any other rules outlined in the lease. You can, for example, require that your pets be licensed and spayed/neutered.

Keep in mind that some insurance companies and homeowners associations may have restrictions on breeds or other pet rules. Make sure to check your rental agreement before you update it.

What about animals that aren't pets but support or assistance animals? What does your landlord's animal policy have to look like?

Assistance Animals Are Allowed In Reasonable Accommodation

Assistance animals aren't pets. They serve as assistants for people with disabilities. Assistance animals are typically dogs, but they can also be other kinds of animals. These animals are trained to assist with disabilities, such as driving a wheelchair, guiding the blind, and alerting their owners to a seizure. They also perform complex household tasks and protect their companions from traffic.

Fair housing guidelines also consider emotional support animals assistance animals. These animals are used to help people with disabilities. They do not need special training, but they can be useful in a medical treatment plan.

A person with an emotional support animal needs to be accommodated under the Americans with Disabilities Act. Fair housing laws allow for this. As a landlord, you must offer reasonable accommodation to renters with emotional support animals or someone who develops a need for one while they are your tenant. Even if your policy prohibits pets, this is still the case.

To ensure fair housing laws are adhered to, you cannot ask questions you wouldn't ask of every renter or visitor to your property. If the need for assistance is not immediately apparent, you may ask two questions to determine whether an assistance animal request should go through.

1. Do you think the animal is required due to a disability?

2. Which task or work has the animal been trained for?

It is not possible to ask for documentation, demand that the animal performs its task, or inquire about the nature of the disability. An additional deposit or rent cannot be requested or collected for an assistance animal. You cannot also impose any weight, breed, or size restrictions on assistance animals. Renters can be charged a fee for any damage caused by the assistance animal to your property.

You can document your interactions with your potential tenant to ensure that you have a complete record.