Service animals and tenant rights
“Service animals are not considered as pets, and landlords generally cannot refuse to accommodate them on their property, as per SA’s laws on disability rights, regardless if the property has a no pets policy,” advises Pieter van den Berg of Just Property Prosper. “These animals are specially trained to assist individuals with disabilities and are protected by law.”
The primary role of a service animal (eg. guide dogs for the visually impaired, hearing dogs for the deaf, or assistance animals for people with mobility issues) is to perform specific tasks that help individuals with disabilities to lead a more independent life. It is for this reason that rules and restrictions that apply to typical ‘pets’ are not applicable to these specially trained animals.
“While landlords cannot inquire about the tenant’s specific disability, they are allowed to request verification that the animal is indeed a service animal,” says van den Berg. “In some cases, this may require asking for a doctor’s note or other documentation showing that the tenant has a disability and that the service animal provides the necessary assistance. However, landlords must be cautious about overstepping privacy boundaries or discriminating against tenants with disabilities.”
For example, landlords cannot impose additional pet-related fees, deposits, or rent for them. This also applies, in many jurisdictions, to emotional support animals (ESA), which are somewhat differently defined to that of a service animal. Van den Berg explains that an ESA provides comfort or emotional support and may not require specific training. “The legal protections for ESAs can vary by region and might not be as comprehensive as those for service animals. However, in many cases, landlords are also required to allow emotional support animals as a reasonable accommodation for tenants with a verifiable need.”
Regardless of whether an ESA or a service animal, tenants remain responsible for any damage caused by the animal, just as they would be for any other type of property damage caused by a pet. A comprehensive pet policy, either attached as an addendum to the lease agreement, or included within, should clearly define this in terms of preventing misunderstandings at a later date.
“A pet policy should be well-drafted,” says van den Berg. “It should outline specific terms such as number of pets allowed, size or breed restrictions and any associated rules etc. In the case of special animals these specifics do not apply because the landlord cannot limit the number of service animals if the tenant can demonstrate a legitimate need for more than one.”
What does apply, however, is damage to the property that is directly related to that animal (such as scratches, stains, chewed fixtures etc), which are ultimately the tenant’s responsibility. Here the tenant, when moving out, should ensure that any damage or repair (including carpet or professional cleaning if required), is undertaken before vacating the property. “The landlord may, after a thorough move-out inspection, deduct costs for repairs from the tenant’s security deposit if necessary, but it is preferable for the landlord to refer the tenant to professional cleaning or repair service providers,” says van den Berg.
Other conditions that apply may include proof of vaccinations, keeping the animal flea- and tick-free, and ensuring animal sanitary conditions that might otherwise pose a health risk to the tenant, neighbours or property, etc.
“With pet’s, landlords are usually allowed to charge pet deposits or pet fees to cover any potential damage caused by pets, however, in the case of service animals or ESAs, they cannot charge any such extra fees or deposits,” says van den Berg.
Animal abuse
If a landlord is aware of any animal abuse, he may have a legal obligation to report this to the relevant authorities, such as the SPCA, however, this may require evidence. This applies equally to service animals as it does to pets, and if proven, animal abuse could be considered a violation of the lease agreement.
Service animals and shared spaces
In multi-unit buildings or shared living environments, landlords must ensure that service animals are allowed access to common areas just as any tenant would be. This means that service animals should not be restricted from hallways, elevators, gardens, or other shared spaces within the property.
Exceptions to the rule
In very rare cases, a landlord may refuse a service animal if its presence would pose a direct threat to the health or safety of others that cannot be mitigated (for example, a highly aggressive animal). “However, this is an extremely limited exception, and landlords must provide evidence that the threat is real and significant, rather than based on assumptions or prejudices,” explains van den Berg. “The landlord cannot simply refuse a service animal because of its size, breed, or personal discomfort with animals.
“Landlords must understand that service animals are not pets, and refusing to accommodate them can lead to legal repercussions. It is crucial for landlords to familiarise themselves with local and national laws regarding service animals and disability rights, ensuring that they create a supportive and accessible environment for all tenants. Communication and understanding are key, and landlords should work with tenants to make reasonable accommodations when required.”
