Whether a landlord, association or property manager has to allow someone with an assistance animal to live at the property despite animal restrictions is a frequent question. Also, if you have to allow the animal, can you still request a pet deposit? First of all, even if the property does not allow certain animals, if that animal provides a service or emotional support for a person with disabilities as documented by a medical professional, you generally have to accept that person and their animal into your property. For example if some condominium units do not allow cats and you are advertising one of many units for rent using a broker, if a prospective tenant has an emotional support cat as documented by a medical professional, you have to accept that tenant (and the cat). Thereafter, can you charge a pet deposit? The answer is no if the animal is a service animal or an emotional support (assistance animal).
A service animal under Colorado law can be a dog (or miniature horse) that is properly trained to assist persons with disabilities. These animals do work or perform tasks for the benefit of an individual with a disability that are directly related to the individual’s disability and needs.