The Difference Among Pets, Service & Companion Animals

Updated 12/03/24

Understanding the distinctions between a companion animal and a traditional pet is crucial for landlords. In rental properties, this knowledge can help ensure compliance with federal laws, reduce disputes, and set clear expectations with tenants. While both may involve animals living in your units, their definitions, rights, and implications differ significantly. As a landlord, it’s important to navigate these distinctions carefully to protect your property and your relationship with tenants. In this guide, we’ll explore the critical differences between “companion animals vs pets,” clarify the associated legalities, and provide actionable advice for managing such situations effectively.

Table of Contents

1. What is Considered a Pet in Rental Properties?
2. Defining Companion Animals: Emotional Support in Action
3. Companion Animal vs Pet: Key Differences for Landlords
4. Companion Animals vs Service Animals: A Legal Perspective
5. How Landlords Should Address Requests for Companion Animals
6. Frequently Asked Questions About Companion Animals and Pets

What is Considered a Pet in Rental Properties?

In a rental property, pets are animals that tenants choose to keep primarily for companionship, entertainment, or recreation. Common examples include dogs, cats, birds, or fish. For landlords, pets are typically governed by the terms of the lease agreement, and restrictions or additional fees may apply. Pet policies often include breed limitations, weight restrictions, and clauses on potential property damage.

In contrast, a companion animal serves a more specific purpose beyond recreation or enjoyment. This brings us to the distinction of companion animals vs pets, which lies at the heart of many tenant-landlord misunderstandings.

Defining Companion Animals: Emotional Support in Action

Companion animals, also referred to as emotional support animals (ESAs), play a therapeutic role in their owner’s mental or emotional health. These animals are prescribed by licensed mental health professionals and are protected under the Fair Housing Act (FHA).

Unlike pets, companion animals are not subject to standard pet policies. This means landlords cannot charge pet fees or deposits for a tenant’s emotional support animal. For landlords, understanding “what is considered a pet” versus an ESA is crucial to avoiding legal pitfalls. While both may share physical similarities, their purpose and legal treatment differ greatly.

Companion Animal vs Pet: Key Differences for Landlords

The most critical difference between a companion animal and a pet is the legal protections involved. Pets are optional and treated as a personal choice for tenants. This allows landlords to exercise discretion through pet policies, fees, and restrictions.

Companion animals, however, serve as part of a tenant’s prescribed treatment for mental or emotional health issues. Landlords cannot deny a tenant’s right to an ESA without a valid legal reason, such as proving the animal poses a direct threat or would cause significant property damage.

Failing to understand this distinction could result in legal consequences, including fines or discrimination claims under the FHA. By clearly documenting tenant requests and ensuring your team is well-informed about the companion animal vs pet distinction, you can better safeguard your property while respecting tenant rights.

Companion Animals vs Service Animals: A Legal Perspective

It’s essential to distinguish between companion animals and service animals, as the two serve different purposes and are governed by different laws.

• Service Animals: Defined under the Americans with Disabilities Act (ADA), service animals are trained to perform specific tasks for individuals with disabilities. Common examples include guide dogs for the visually impaired or seizure-alert dogs. Landlords are required to accommodate service animals in all rental units, including those with strict no-pet policies.
• Companion Animals: These do not require specialized training and are not covered under the ADA. However, they are protected under the FHA, which requires landlords to provide reasonable accommodations for tenants with ESAs.

By understanding companion animals vs service animals, landlords can effectively navigate requests without confusion or legal missteps. It’s worth noting that while both are not considered “pets,” their distinct legal frameworks require specific approaches.

How Landlords Should Address Requests for Companion Animals

Handling requests for companion animals requires a balance of empathy and legal compliance. When a tenant provides documentation for an emotional support animal, landlords should:

1. Verify the Request: Ensure the tenant provides legitimate documentation from a licensed mental health professional stating the need for the ESA. Avoid asking for excessive information, as this could violate privacy laws.
2. Evaluate Your Property Policies: Update lease agreements and internal policies to reflect distinctions between pets, companion animals, and service animals. Clearly state your approach to requests for ESAs in writing.
3. Communicate Clearly with Tenants: Be transparent about how you handle companion animal requests. While landlords cannot charge pet fees for ESAs, you can still hold tenants responsible for any damage caused by the animal.

By approaching requests for companion animals with professionalism and fairness, landlords can build positive relationships with tenants while remaining compliant with laws governing “companion animals vs pets.”

Frequently Asked Questions

1. Can a landlord charge a pet deposit for a companion animal?
No, landlords cannot charge pet fees or deposits for emotional support animals. However, tenants are still responsible for any damages caused by their companion animals.

2. How do landlords verify an ESA request?
Landlords can request documentation from a licensed mental health professional but cannot ask for specific details about the tenant’s condition. The documentation should confirm the tenant’s need for the companion animal.

3. What if a tenant’s companion animal causes significant property damage?
While you cannot charge upfront pet fees, tenants are still liable for any property damage caused by their companion animal. This can be addressed during the move-out process or through additional clauses in the lease.

By thoroughly understanding the companion animal vs pet distinction, landlords can navigate tenant requests with confidence while maintaining compliance with federal laws. Balancing legal obligations with clear communication ensures positive outcomes for both landlords and tenants.