What language do I include in a lease for Emotional Support Animals?
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This is about the strongest language you can include as a clause in a lease that still complies with the FHA:
Emotional Support Animal (ESA) Clause (Enhanced Landlord Protection):
Tenant is permitted to keep an Emotional Support Animal (“ESA”) on the premises in compliance with federal, state, and local laws. Tenant shall, upon request, provide proof of current licensing, required vaccinations, and compliance with all public health regulations for the ESA and shall keep such records updated throughout the tenancy. Tenant assumes full and strict liability for any injury to persons, damage to property, pest infestation, sanitation issue, or nuisance caused directly or indirectly by the ESA.
Tenant agrees to promptly repair, clean, or reimburse Landlord for all costs, expenses, or losses resulting from the ESA’s presence, including professional cleaning or replacement of damaged property, beyond normal wear and tear. Tenant further agrees to immediately remove the ESA from the premises if it poses a direct threat to the health or safety of others or causes substantial property damage, subject to applicable laws. Failure to comply with this provision shall constitute a material breach of the lease, entitling Landlord to pursue all remedies allowed by law.
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Is it possible to receive draft language to add to a lease regarding an emotional support animal?
I understand that adding language for an emotional support animal to a lease can be important for your situation. What specific provisions or requirements are you looking to include in the lease?
That the owner of the ESA will comply with all local regulations regarding such animals (licensing, vaccinations) and assume responsibility for any injury or damage caused by the animal.
Are you the landlord or the tenant in this situation?
Landlord.
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with adding language to your lease for an emotional support animal.
The rental property is in the state of Massachusetts.
Hello and welcome to the site! My name is Barrister and I am a licensed attorney and I am here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once on the website.
Are you saying that you just want to add a clause specifically related to an ESA or do you want to have it relate to any animal on the premises?
Yes
Okay, you can do this as a full addendum to the lease, or you can just include a shorter condensed paragraph in your lease. Which would you prefer?
We do not allow pets at the property, so this would only relate to ESAs which we are unable to treat as a pet. I am okay with either option. Whichever provides the best coverage of terms allowable in MA.
This is about the strongest language you can include as a clause in a lease that still complies with the FHA:
Emotional Support Animal (ESA) Clause (Enhanced Landlord Protection):
Tenant is permitted to keep an Emotional Support Animal (“ESA”) on the premises in compliance with federal, state, and local laws. Tenant shall, upon request, provide proof of current licensing, required vaccinations, and compliance with all public health regulations for the ESA and shall keep such records updated throughout the tenancy. Tenant assumes full and strict liability for any injury to persons, damage to property, pest infestation, sanitation issue, or nuisance caused directly or indirectly by the ESA.
Tenant agrees to promptly repair, clean, or reimburse Landlord for all costs, expenses, or losses resulting from the ESA’s presence, including professional cleaning or replacement of damaged property, beyond normal wear and tear. Tenant further agrees to immediately remove the ESA from the premises if it poses a direct threat to the health or safety of others or causes substantial property damage, subject to applicable laws. Failure to comply with this provision shall constitute a material breach of the lease, entitling Landlord to pursue all remedies allowed by law.
Would that cover waste cleanup?
“Sanitation issue” assumed to cover that?
Correct... “compliance with all public health regulations” and “sanitation issue.”
If there are multiple tenants, does this language need to be limited or specified to the tenant with the ESA?
Or can it be in the lease more broadly?
No, it doesn’t need to be specified to a particular tenant. You can simply put it in your standard generic lease and it would apply to any tenant, whether they got an ESA in the future or had one now or didn’t even have one.
Thank you.
You are very welcome. Glad I could help. It was my pleasure to work with you and help with your question.
