Your new tenants may have a pet or two for you to consider. Landlords can, of course, have a “no pets” policy, or a policy that limits the type or breed of pet. This should be clearly stated in your rental advertisement and discussed at any showings for the property. Federal law bars a landlord for discriminating based on many factors, including disabilities, and because of that service animals must be accommodated.
Pet deposits
Landlords in North Dakota can charge a pet deposit amount that is reasonable for their property, but a pet deposit can not be collected for a service animal. Think of service animals not as pets, but as animal occupants of the premises. A pet deposit does have its limits in North Dakota, with the amount that can be charged capped at $2,500 OR two months’ rent, whichever is greater. Pet deposits are in addition to a security deposit but must be handled in the same way as a security deposit.
Service animal documentation
North Dakota landlord tenant law allows a landlord to require bona fide supporting documentation as proof of a need for a service animal accommodation. N.D.C.C. § 47-16-07.5 states that reliable supporting documentation must confirm the disability and provide justification for the accommodation. The documentation can be provided by a medical professional who does not operate in North Dakota solely to provide certification for service or assistance animals. A landlord may not ask for supporting documentation from a tenant if their disability or disability-related need for a service animal or assistance animal is readily apparent or already known to landlord.
Disclaimer: The information provided in this post is intended for general informational and educational purposes only. It should not be construed as legal, accounting, or tax advice. For guidance specific to your situation, we recommend consulting with a qualified professional in the relevant field before taking any action based on the content provided.
