Month-to-month tenancies and assistance animals
Answers
The duty is the same. Your exposure if a landlord reacts badly is not.
The duty does not change
A month-to-month tenant is a tenant, the dwelling is a dwelling, and the accommodation duty applies in full. Nothing about a shorter term reduces it.
What does change is the risk
In most states a landlord can terminate a month-to-month tenancy with notice and without a reason. So a landlord who reacts badly to a request has a route that does not require them to justify anything, and you would be arguing that the timing shows retaliation rather than pointing at an unlawful refusal.
Which makes documentation matter more
- Make the request in writing, with a date. Timing is the evidence in a retaliation case and you cannot reconstruct it later.
- Keep any response, including a refusal to respond.
- Note the date of any notice to quit. A notice arriving shortly after an accommodation request, with no other explanation, is the pattern the interference provision is aimed at.
Where just-cause rules apply
A growing number of cities and several states require cause to end a tenancy, including month-to-month ones. Where that applies the asymmetry largely disappears, and it is worth finding out before you decide how to approach the request.
Common questions
- Should I wait until I have a fixed term?
- It can be a reasonable tactical choice where you are about to sign one. It is not a legal requirement and waiting has its own cost if the animal is already there.