Utah is one of the top states for pet ownership in the US. More than 58% of Utah households have at least one pet, according to the latest statistics.
If you own a rental property in Salt Lake City, you can guarantee that at least some of your prospective tenants will have pets. You may not want to put up with the potential damage, noise, and lawsuits tenants' pets can cause.
Yet tenants with emotional support pets have rights. Understanding Utah's emotional support animal law can protect you from claims prospective tenants make against you if you deny their application based on their pets.
What are the laws on emotional support and service animals in Salt Lake City? We will discuss them in this guide, so keep reading.
The Emotional Support Animal Law in Utah
Utah's Fair Housing Act protects the rights of people who have emotional support animals. This law states that property owners can't deny applicants who have emotional support animals, even if they have a strict no-pet policy.
Additionally, landlords can't charge pet rent to tenants with emotional support animals. There is only one exception to this law: emotional support animals that are a threat to or disturb the peace of other tenants.
If a tenant's pet has a history of bad behavior, you can deny them access to your property. You may also charge the tenant for any damage their support animal has caused without getting yourself in trouble with the law.
Emotional Support Animal Documentation
Tenants can't just call any household pet an emotional support animal. Instead, they must provide documentation. A letter from a mental health professional stating the renter's need for a support animal will suffice as documentation.
What About Service Animals?
Service animals and emotional support animals serve similar purposes for their owners. The difference is that people with disabilities own service animals. As such, they have more protections under Utah laws.
The Fair Housing Act also regulates renters with service animals. Turning away a renter on the basis of their service animal is grounds for a disability discrimination lawsuit.
However, you still have rights as a landlord. For example, say a tenant's service animal causes damage to your property. In that case, you have the right to seek compensation for those damages from the tenant.
Service Animal Documentation
The main difference between emotional support and service animal rights comes down to documentation. It is illegal to ask people with service animals for documentation. You may only ask to confirm if the pet is a service animal.
Let Us Help You Navigate Utah's Emotional Support and Service Animal Laws
Utah's emotional support animal law protects renters from properties with strict no-pet policies. Landlords can't turn these people away or charge additional fees because of their pets. But you can evict a tenant if their pet is out of hand.
Do you need help with the pet policy at your property? Utah Property Solutions is a full-service property management firm. Contact us to learn more about how we can help you better manage pets in a rental property.
