The short answer:
Likely no, but there are times when a landlord can properly deny housing for a tenant’s ESA even if the tenant has an ESA letter.
- Example: a landlord can legally reject an ESA if the animal has caused significant property damage or there is evidence the animal is a safety or health threat.
What about noise?
An ESA that is making too much noise is certainly a nuisance, but as a sole factor is unlikely to lead to the animal’s eviction unless other aggravating factors are in play.
- That does not mean, however, that the landlord and other tenants are helpless when an emotional support dog is yapping late into the night.
What can happen?
A landlord may still take action against a tenant with an ESA that is making excessive noise. ESAs are expected to be good residents just like any other non-ESA pet that lives in the building.
- The owner of a disruptive ESA may be subject to disciplinary action under the terms of their lease or association rules for having a misbehaving animal.
🐕🦺 What I can do:
All ESA owners should train their ESA to be well-behaved at home. They can also mitigate these situations and lower tensions by having a friendly, open dialogue with the landlord or neighbors about what is being done or can be done to help reduce the nuisance.
Having an ESA is beneficial for your mental health, and in most cases, accepted by landlords — provided you have a legitimate ESA letter issued by a licensed health professional.
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