Employee Lease Addendum For Emotional Support Animal In Florida

State:
Multi-State
Control #:
US-00038DR
Format:
Word; 
Rich Text
297 downloads

Description

The Employee Lease Addendum for Emotional Support Animal in Florida is a specialized legal form designed for ensuring that tenants with emotional support animals are accommodated under rental agreements. This addendum clarifies the rights of the tenants while outlining the responsibilities of the lessors in compliance with Fair Housing laws. Key features include detailed provision for the identification of the emotional support animal, specific conditions under which the animal can be kept, and instructions for tenants to submit necessary documentation. Filling out the form requires the tenant's personal information, a description of the animal, and any relevant medical documentation. Editing instructions emphasize maintaining compliance with legal standards and consistency with the primary lease agreement. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in housing law, as it assists in facilitating equitable housing solutions for individuals needing support animals. It's essential for legal practitioners to be aware of this addendum when drafting or reviewing lease agreements to ensure they adhere to state regulations while protecting the rights of tenants.
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FAQ

Under both federal and Florida law, landlords have to accept emotional support animals provided that a tenant provides the appropriate documentation.

Pursuant to this Emotional Support Animal Lease Addendum, the owner or manager of the property may permit a person with a disability to keep an assistance animal as a reasonable accommodation, upon the following terms and conditions which shall be deemed to be a part of the resident's lease: 1.

These laws give Florida residents the following rights: The ability to live in no-pet buildings (including condos, co-ops, HOAs, and rentals) and exemption from no-pet lease provisions (FL Statute 760.27(2) Waiver of monthly pet fees, pet deposits, and pet application fees (FL Statute 760.27(2) and HUD FHEO-2020-01)

An ESA letter must be written on the letterhead of a therapist/doctor/etc. The letter must include the licensed healthcare professional's licensing information, their signature, and their contact information. An ESA does NOT have to registered in order to qualify.

An ESA letter is written by a practicing Licensed Mental Health Professional (LMHP), and must include their license number, type, and the date it was issued. Furthermore, it needs to contain the date the ESA letter was issued and the signature of the LMHP who issued the ESA letter.

Wait until a landlord accepts your application and offers you the place, then tell them you have an ESA and ask if that should be reflected in the lease or not. If they withdraw the offer you have a pretty strong case of housing discrimination (assuming you can prove the animal has ESA bona fides).

Under both federal and Florida law, landlords have to accept emotional support animals provided that a tenant provides the appropriate documentation.

For a person to legally have an emotional support animal (ESA), the owner must be considered to have a qualifying mental health or psychiatric disability by a licensed mental health professional (e.g., therapist, psychologist, psychiatrist, etc.), which is documented by a properly formatted prescription letter.

Even though the person may appear calm and confident, and lacks clear signs of mental health challenges, they are still qualified for an ESA! Remember that the purpose of an ESA is to provide comfort and reduce the symptoms of anxiety like an anxiety attack, even if it is a high-functioning one.

As a landlord, you can verify the letter in a number of ways. Keep in mind, however, that you may not, for any reason, have direct contact with your tenant's therapist. Attempting to do so may be considered a violation of federal law and the client could have cause to report you or your business to HUD.

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Employee Lease Addendum For Emotional Support Animal In Florida