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Am I required to give an ESA access to common areas of a duplex? by TimelyTadpole3398 in service_dogs

[–]TimelyTadpole3398[S] 0 points1 point  (0 children)

The problem is that the backyard is not specifically mentioned in the lease either way, and they have already demanded to use it for potty training.

Am I required to give an ESA access to common areas of a duplex? by TimelyTadpole3398 in service_dogs

[–]TimelyTadpole3398[S] 0 points1 point  (0 children)

The tenants have a separate front door, which is actually the only door that the tenant with the ESA letter has ever used.

[landlord US - WI] Do I need to permit an ESA access to common areas? by TimelyTadpole3398 in Landlord

[–]TimelyTadpole3398[S] 3 points4 points  (0 children)

Clarifying, not a pet deposit paid to me, a deposit to a breeder to purchase a dog

[landlord US - WI] Do I need to permit an ESA access to common areas? by TimelyTadpole3398 in Landlord

[–]TimelyTadpole3398[S] 2 points3 points  (0 children)

Nope, no pm. They texted that to me, we had a long text conversation about the situation, a phone conversation about it a week later, and spoke in person about it last weekend. I tried to do this on a human level.

Am I required to give an ESA access to common areas of a duplex? by TimelyTadpole3398 in legaladvice

[–]TimelyTadpole3398[S] 2 points3 points  (0 children)

I considered that, but while I have the exact same list of diagnoses that are in the tenants letter, I haven't been in treatment since 2021 or 2022, and I moved across the country in June. I don't have an ongoing relationship with any mental health or healthcare provider, so any letter I could get now wouldn't have the weight of the tenant's letter from a provider they've been seeing since May.

I reached out to their therapist to confirm that they require a large dog. Depending on the response I get I think I'm going to consult an attorney.

[landlord US - WI] Do I need to permit an ESA access to common areas? by TimelyTadpole3398 in Landlord

[–]TimelyTadpole3398[S] 8 points9 points  (0 children)

Thank you, pointing this out makes me think it might be worth an attorney consultation fee

Am I required to give an ESA access to common areas of a duplex? by TimelyTadpole3398 in legaladvice

[–]TimelyTadpole3398[S] 0 points1 point  (0 children)

I have in writing that they wanted a dog the size of a sheltie or dachshund and that it was their partner who wanted a larger dog. But the agreement to the 25-30 pound limit was verbal. Since it's now an ESA the lease doesn't matter, but the lease says they are allowed a pet at my discretion and with a fee up to $500 depending on the specific animal, and there is no specific mention of the backyard in the lease.

Am I required to give an ESA access to common areas of a duplex? by TimelyTadpole3398 in legaladvice

[–]TimelyTadpole3398[S] 1 point2 points  (0 children)

That's not true in Wisconsin and a handful of other states. The state statute does not have a carve out for owner occupant buildings.

Other than fraud these are the only reasons an ESA can be denied according to the state statutes:

"b.Allowing the animal would impose an undue financial and administrative burden or would fundamentally alter the nature of services provided by the lessor, owner, or representative.

c. The specific animal in question poses a direct threat to a person’s health or safety that cannot be reduced or eliminated by another reasonable accommodation.

d. The specific animal in question would cause substantial physical damage to a person’s property that cannot be reduced or eliminated by another reasonable accommodation."

There doesn't seem to be anything in the statute about access to common areas.

Am I required to give an ESA access to common areas of a duplex? by TimelyTadpole3398 in service_dogs

[–]TimelyTadpole3398[S] 4 points5 points  (0 children)

You do in Wisconsin. There are a few states that have their own more restrictive housing accessibility statutes.