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I am landlord w new property, california. insurance

I am landlord w...

I am landlord w new property, california. insurance requirements state I won't be covered if I rent to 14 specific breeds. That being said, what if 1 of those is a 'mix' AND a "service dog" ? What proof can I require?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Stated above, California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Terms of lease are can have up to 2 pets, excluding 14 breeds of dog (insurance specified). Tenant to maintain property and turn it back over in same condition as start of rent

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My ad for rental is VERY specific and lists ALL the excluded breeds. I am also requiring tenant to have their own renter's insurance that specifies they have knowledge of dog(s) breed owned by tenant.

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Answered in 5 minutes by:
4/20/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,259
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 3 months ago
please, take time to review my question

Thanks so much for your patience. As you know, California and the ADA require that you rent to people who have service animals. Service animals, under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability. There is no requirement that service dogs be certified by some state or local government. An insurance company isn't required to provide insurance to any person who rents to a person who has a certain breed of dog; however, insurance companies are required to operate in good faith and deal fairly with their insureds.

In your case, the fact that the animal is a service dog suggests that despite its breed, it will still be allowed on the property and you can't refuse to rent because of the breed of the dog because of its service dog capacity. What my recommendation would be is to just ask the owner what paperwork they do have so you can show it to the insurance company so you can be covered. You should explain that you won't exclude them from being rented to as a result because that'd be illegal, but you can say that it'll facilitate getting the rental situation accomplished.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
Ok, I appreciate the info about the dog. One more question: Even though the laws have changed about marijuana recently, I believe I have a legal right to have it prohibited in every form ... including but not limited to: ***** ***** distribution, selling, cultivation. Is this correct? We designate our property as NON SMOKING

Correct. Just like alcohol consumption and tobacco smoke are legal, as the owner of the property, you can prohibit smoking of any kind, regardless of its legality, on the property.

Did you have any other questions for me today?

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Customer reply replied 3 months ago
no, thank you so much!

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,259
Experience: Licensed to practice before state and federal court
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Customer reply replied 3 months ago
New question along allowing animal: if the dog is an "emotional support animal", and a breed mix of my insurance's excluded breeds, can I legally exclude that dog? It is an 86lb mastiff/bull terrier mix that is supposedly an ESA for the son. No documentation exists at this moment, but we all know they can get a letter that states son would benefit from it. My understanding is that ESA is completely different from service as it isn't trained for a specific task, but merely provides companionship, etc.

Thanks for requesting me. Emotional Support Animals aren't protected under the ADA so you're welcome to exclude that whole breed or just that specific dog until and unless they become a service animal.

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Customer reply replied 3 months ago
Yay! Thank you..I love animals but they can do some serious damage to rentals.

I certainly agree and you're welcome!

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