IL real estate lawyerEmotional support animals are a relatively new phenomenon. ESAs are not service animals and do not have the same set of rights. In general, if your tenant has a qualified emotional support animal, you must allow the animal to live with the tenant. However, you can request documentation proving that your tenant has a legitimate need for the animal as verified by his or her mental health provider. You are also only required to make reasonable accommodations to allow the ESA to live on your property, meaning that if the animal is causing significant problems, you may be able to ask your tenant to remove the animal or evict him or her. A DuPage County landlord representation lawyer can help you determine what your rights are if your tenant has an ESA.

What is a Qualified ESA and What Proof Can I Require? 

Under Illinois law, an ESA is an animal that is needed by its handler to provide assistance with a mental health disorder. A licensed mental health provider must make the determination that his or her patient needs the animal for emotional support to help him or her cope with the symptoms of a diagnosed mental illness such as PTSD or depression.