Service Animal
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
Service Animal (by CJ [MO]) Feb 3, 2019 1:18 PM
       Service Animal (by LindaJ [NY]) Feb 3, 2019 1:32 PM
       Service Animal (by CJ [MO]) Feb 3, 2019 1:39 PM
       Service Animal (by JB [OR]) Feb 3, 2019 1:58 PM
       Service Animal (by CJ [MO]) Feb 3, 2019 2:09 PM
       Service Animal (by JB [OR]) Feb 3, 2019 2:10 PM
       Service Animal (by Barb [MO]) Feb 3, 2019 2:21 PM
       Service Animal (by plenty [MO]) Feb 3, 2019 2:30 PM
       Service Animal (by JB [OR]) Feb 3, 2019 2:57 PM
       Service Animal (by CJ [MO]) Feb 3, 2019 5:07 PM
       Service Animal (by Barb [MO]) Feb 3, 2019 5:37 PM
       Service Animal (by Robert J [CA]) Feb 3, 2019 7:10 PM
       Service Animal (by Cj [MO]) Feb 3, 2019 8:36 PM
       Service Animal (by LindaJ [NY]) Feb 4, 2019 6:03 AM
       Service Animal (by Oregon Woodsmoke [ID]) Feb 4, 2019 6:12 AM
       Service Animal (by John... [MI]) Feb 4, 2019 7:23 AM
       Service Animal (by CJ [MO]) Feb 4, 2019 8:00 AM
       Service Animal (by CJ [MO]) Feb 4, 2019 8:00 AM
       Service Animal (by Barb [MO]) Feb 4, 2019 9:00 AM
       Service Animal (by David [NC]) Feb 4, 2019 9:18 AM
       Service Animal (by CJ [MO]) Feb 4, 2019 9:22 AM
       Service Animal (by Barb [MO]) Feb 4, 2019 9:33 AM
       Service Animal (by CJ [MO]) Feb 4, 2019 10:15 AM
       Service Animal (by CJ [MO]) Feb 4, 2019 11:43 AM
       Service Animal (by Barb [MO]) Feb 4, 2019 12:22 PM
       Service Animal (by Ken [NY]) Feb 4, 2019 12:38 PM
       Service Animal (by Robin [WI]) Feb 4, 2019 4:18 PM
       Service Animal (by Salernitana [CA]) Feb 4, 2019 5:09 PM
       Service Animal (by AR [CA]) Feb 6, 2019 7:52 PM

Click here to reply to this discussion.
Click Here to send this discussion to a friend

Service Animal (by CJ [MO]) Posted on: Feb 3, 2019 1:18 PM
Message:

We inhereted a tenanat when we took over the building last year. We want them to moveou t because the dog and daughter has too many visitors. They said their dog is service animal and deny having too many visitor.

She works for mobile home park and said we can not ask for proof of service animal. I searched online and it is true. I do not understand what she text me what the dog is for "she was answer with animal iPad her "

I never saw the dog because she had to put the dog away in the basement if we need to be there. 60lb aggressive dog.

She does not want to move and we can not force her to move.

--97.91.xxx.xxx




Service Animal (by LindaJ [NY]) Posted on: Feb 3, 2019 1:32 PM
Message:

If she has a lease, you have to honor that lease until it is done, then you don't renew. If she is month 2 month, you can give her the proper notice for your state/local requirements. No need to get in a discussion about the animal. --108.4.xxx.xx




Service Animal (by CJ [MO]) Posted on: Feb 3, 2019 1:39 PM
Message:

Her lease is over, but we can not force her to move because of she has service animal. --97.91.xxx.xxx




Service Animal (by JB [OR]) Posted on: Feb 3, 2019 1:58 PM
Message:

If this is an aggressive dog, it is not a service animal. Those are specially and rigorously trained animals. She is lying to you and you need to find out your rights in this situation. We have had dozens of discussions on this in the past couple of years.

Barb(MO) and John(MI) have the best grasp of this subject on this board. --24.20.xxx.xxx




Service Animal (by CJ [MO]) Posted on: Feb 3, 2019 2:09 PM
Message:

She said is is American Bull dog, 60lb. How do I proof it is not a good dog. The other reason I am worried is too many visitors and keeping upper bedroom window open during cold. Some people told me that drug user get hot, but she said the hot air all going to upper stair bedroom.

I ask why you do not move out. But they have reason not want to move out.

--97.91.xxx.xxx




Service Animal (by JB [OR]) Posted on: Feb 3, 2019 2:10 PM
Message:

But it really is likely not necessary here in this situation. Just provide notice that you are providing them with a "No Cause Notice of Eviction" under the terms of your state. --24.20.xxx.xxx




Service Animal (by Barb [MO]) Posted on: Feb 3, 2019 2:21 PM
Message:

If the lease is over and she is month to month, you can say that we have decided not to renew your tenancy.

Stop at that. You do not need to give a reason, you are in Missouri. You have decided to end her tenancy.

Give notice today that she is required to be completely removed from the home as of 5 pm on March 31.

Send the letter stating:

Dear tenant,

This notice is to advise you that Management declines to renew your lease. Please be advised that you and all of your belongings must be fully removed from the home as of 5pm on 31 March 2019. The home should be clean and in good repair, as you received it.

Your March rent is still due in full by close of business on March 1, as in your rental agreement. Your deposit will be returned to you within 30 days, as is required under Missouri law, so long as you leave the home clean and in good repair.

Our standard list of fees is attached, and is provided to allow you to understand before you depart what fees may be deducted if the home is not clean and in good repair.

Attach a list of your usual fees, such as how much to clean the stove, oven, refrigerator, repaint a room, etc.

The dog is a completely separate issue. The fact that she has a service dog does not mean you cannot choose to end the tenancy, if she is month to month. It is illegal to end her tenancy BECAUSE of the dog, but you are choosing to end the tenancy because she has become argumentative with you and you are no longer comfortable with her as a tenant.

As for dogs, you absolutely CAN require a letter of medical necessity from her, from a MD, DO, nurse practitioner, physicianís assistant or mental health professional. That letter needs to be written on practice letterhead, with the license number of the professional, and state that she has a disability that prevents her from some major task. The letter should state that the dog aids the resident in leading a full life. It might state a task or many tasks. It might be an emotional support animal, and simply provide comfort, in which case the professional should state the ESA is part of the mental health treatment plan.

You absolutely do not have to allow an aggressive dog. In fact, if the dog is aggressive you can give her a letter stating that the dog needs to be gone within 24 hours because of its aggression (especially if it attacked someone and you have an animal control report).

Service dogs are not supposed to be aggressive. The IAADP (International Association of Assistance Dog Partners) and ADI (Assistance Dogs International) state that quite clearly in their verbiage. Service Dogs are to be non-aggressive, task trained, and have an extremely high level of obedience training. --64.251.xxx.xxx




Service Animal (by plenty [MO]) Posted on: Feb 3, 2019 2:30 PM
Message:

Month to month.

Just don't renew. Give no reason

Can't you do that? --99.203.xx.xxx




Service Animal (by JB [OR]) Posted on: Feb 3, 2019 2:57 PM
Message:

Plenty, how does just "not renewing" help? It seems she already has a lease that has ended... --24.20.xxx.xxx




Service Animal (by CJ [MO]) Posted on: Feb 3, 2019 5:07 PM
Message:

We can end the lease, but she is going to fight and cause problem. --97.91.xxx.xxx




Service Animal (by Barb [MO]) Posted on: Feb 3, 2019 5:37 PM
Message:

Stop being a wimpy property manager.

Send the letter.

Dear Tenant,

This letter is to advise you that management declines to renew your lease. Please be advised that you and all of your belongings must be fully removed from the home .....

Type it.

Address the envelope. Mail it. Print another copy, post it on the door, take a photo of the door with it posted there. You now have proof they have been informed.

If they are still there on April 1, they are a holdover tenant and subject to significantly higher rent while you evict them. At that point, you call your lawyer and send a copy of the month to month lease, a copy of the letter, and a copy of the photo you took plus your proof of mailing (cause Iíd mail it in a big envelope to get that proof of mailing).

Let the lawyer handle it at that point if needed.

You are evicting because the tenant is a pain and it is time they find another home. Period. Stop.

Landlord up! --64.251.xxx.xxx




Service Animal (by Robert J [CA]) Posted on: Feb 3, 2019 7:10 PM
Message:

I can not tell you what to do because I'm in California. But this is what I had to do with all pet owners.

First I sent my tenant a questionnaire because who all of a sudden has a beast I call "killer". It bites anything that moves even if they are standing still.

Questions: Please provide they dogs veterinarian information and the list of vaccines. When was it fixed or nurtured. Provide me with your renters insurance policy with dog rider. When was this dog given obeisance training. Since your at work during the day, who's going to walk the dog. How many dogs have you owned in your life time?

Just because I can not charge an "extra" deposit because you have a service dog, doesn't mean you won't be responsible for damages caused by the dog. I need to come into your unit, with a 24 hours notice and document the current condition of the unit.

This give a tenant notice that you will hold them accountable.

Then I go on to say that the other tenants do not have to put up with barking, fear or droppings. If the dog can't be controlled and other have piece full enjoyment of the property, then you will be required to remedy things.

--47.156.xx.xx




Service Animal (by Cj [MO]) Posted on: Feb 3, 2019 8:36 PM
Message:

Robert, dog obedience training needed for all type of dogs or just aggressive dogs? Iím only scared of aggressive dogs. --97.91.xxx.xxx




Service Animal (by LindaJ [NY]) Posted on: Feb 4, 2019 6:03 AM
Message:

CJ, if you don't want the tenant there, just give them notice you are not renewing. Don't give them a reason. Nothing else will make you comfortable and they don't have a lease, so just do it. --108.4.xxx.xx




Service Animal (by Oregon Woodsmoke [ID]) Posted on: Feb 4, 2019 6:12 AM
Message:

There is no law that says you can not ever terminate a tenant just because they have a service animal. What nonsense.

Do not give the dog as the reason you are requesting that the tenant move out. --98.146.xxx.xxx




Service Animal (by John... [MI]) Posted on: Feb 4, 2019 7:23 AM
Message:

So, I'm going to go a little against the grain here. Have you all not seen CJ's posts before?? She gets into this kind of crap over and over again.

I have concerns that if she just terminates for no reason and the person at all suggests that it was because of a Service Animal, that CJ will talk herself into MORE trouble and a potential lawsuit.

For almost anyone else on this board, I would say the same as most of the above: "Just terminate their month-to-month for no reason, get them out, and move on."

But CJ doesn't work that way. We've seen her NOT do that sort of thing properly over and over again. She is always afraid of a lawsuit and always seems to be in this weird position where she has no idea what to do, no idea what the law says, and is afraid of everything.

Sorry, I don't mean to be harsh, but CJ NEEDS A REAL PROPERTY MANAGER for her properties. PERIOD. This has been shown here over and over again.

- John...

--24.180.xxx.xxx




Service Animal (by CJ [MO]) Posted on: Feb 4, 2019 8:00 AM
Message:

John, I agree with you. I am not strong and they know I am not strong. But I am still learning and improve.

I am worried that they will make reason or they can just start to sue us without reason

The service is not the reason to scare me. It is the aggressive dog and too many visitors for daughter and keep bedroom window open during cold. Contract told me those are drug signs.

We also want them out so we can repair the parking spot. Their spots are very damanged.

I emailed them the monthe to month lease. She said she will have her attorney view the lease. She works for mobile home park rental place. Her rent is not paid yet. She said she was waiting for my new lease to pay rent. --97.91.xxx.xxx




Service Animal (by CJ [MO]) Posted on: Feb 4, 2019 8:00 AM
Message:

John, I agree with you. I am not strong and they know I am not strong. But I am still learning and improve.

I am worried that they will make reason or they can just start to sue us without reason

The service is not the reason to scare me. It is the aggressive dog and too many visitors for daughter and keep bedroom window open during cold. Contract told me those are drug signs.

We also want them out so we can repair the parking spot. Their spots are very damanged.

I emailed them the monthe to month lease. She said she will have her attorney view the lease. She works for mobile home park rental place. Her rent is not paid yet. She said she was waiting for my new lease to pay rent. --97.91.xxx.xxx




Service Animal (by Barb [MO]) Posted on: Feb 4, 2019 9:00 AM
Message:

She has not paid Feb rent yet? The one that was due on Friday? Waiting for new lease to pay rent? That is hogwash.

She is screwing with you. Seriously.

Send her a notice to quit. She hasn't paid the rent.

Leave the dog out. She hasn't paid the Feb rent.

After all, your rent is due on the first, isn't it? Unless you were careless enough to put a grace period into the lease, which Missouri does NOT require, you can start eviction proceedings today. Hopefully the lease that was with her when you bought the building doesn't have a grace period. As long as it does not, send a notice TODAY that since rent is not paid, you decline to continue renting to her and you require her to remove herself and her property from the home.

Then stop. As long as the lease that came with her doesn't have a grace period, since she has not yet paid it, DON'T accept rent now. She is late. She has proven to be uncooperative. It is time she goes. --131.151.xx.xx




Service Animal (by David [NC]) Posted on: Feb 4, 2019 9:18 AM
Message:

You say you are not strong.

Not a problem. Go to your attorney and tell them to evict the dead beat for not paying their rent. End of story.

If they call, tell them to talk to the lawyer's office or better yet don't answer. Text them to call the lawyer. You being nice ended the day they were late for their rent payment. --71.217.xxx.xxx




Service Animal (by CJ [MO]) Posted on: Feb 4, 2019 9:22 AM
Message:

Barb, Thanks.

She has never signed lease with us yet because she is from prior landlord and keep making excuses to delay sign lease. Our lease has no Grace period. But she is late sometimes and pay twice a month sometimes.

Now the weather is better and they may get tax refund, so we want her to move out now. --97.91.xxx.xxx




Service Animal (by Barb [MO]) Posted on: Feb 4, 2019 9:33 AM
Message:

Do you have a copy of the lease from the prior landlord? You inherited it when you bought the property.

How long has she been delaying? Signing your lease? You know it is an excuse, right? She is stringing you along.

You just said, she is late and splits her payments. Tell her to move out.

Send her email NOW, and get your lawyer to send a processer server to her office. She has not paid rent for February and it is time to go.

Let your lawyer handle talking to her now. All calls go to the lawyer.

--131.151.xx.xx




Service Animal (by CJ [MO]) Posted on: Feb 4, 2019 10:15 AM
Message:

The prior landlord had 5 day grace period, but the lease expired about 6 month ago. I was busy, then winter time. I did not force to do anything. --97.91.xxx.xxx




Service Animal (by CJ [MO]) Posted on: Feb 4, 2019 11:43 AM
Message:

She said it is service animal first time, then both ESA and service animal.

--97.91.xxx.xxx




Service Animal (by Barb [MO]) Posted on: Feb 4, 2019 12:22 PM
Message:

The dog doesn't matter at this point. She has a dog ESA, SD, whatever.

She has not signed the lease. State that you are unable to offer a renewal of lease at this time.

The lease she is operating under has a 5 day grace period. The 5th is tomorrow. So, if she hasn't paid by the end of the business day tomorrow, then on the 6th, your lawyer needs to file for eviction for non-payment. DON'T accept payment from her at that point. Non-payment is the easiest way to evict someone.

She has a history of paying late and not paying the entire rent when due. You decline to rent to her any longer due to this and you now wish her to leave and allow you to clean, repair and re-rent the home to someone who will meet your requirements. --131.151.xx.xx




Service Animal (by Ken [NY]) Posted on: Feb 4, 2019 12:38 PM
Message:

I agree with John 100% --72.231.xxx.xxx




Service Animal (by Robin [WI]) Posted on: Feb 4, 2019 4:18 PM
Message:

Her lease expired six months ago? That is great news for you! She no longer has a valid lease. She has not signed a new one. She no longer has the right to live in the property. AND she hasn't paid February rent!

Your problem just got solved. File for eviction tomorrow. Do not take any rent from her. Do not talk to her. Do not, I repeat, do NOT go over there. Communicate by email only, and just say, "Please let me know when you are moved out, the keys are on the counter, and the door is locked." Repeat over and over.

If she actually moves out before the court date, then you win. If she is still there when the court date arrives, go to court and tell the judge that she doesn't have a valid lease and hasn't paid rent and you want her out. You'll win there too. It's that simple. --204.210.xxx.xxx




Service Animal (by Salernitana [CA]) Posted on: Feb 4, 2019 5:09 PM
Message:

Barb and Robin just showed you the answer, and the dog is out of the picture. I believe that you have the upper hand since no new lease or agreement was signed for six months. Even if the tenant pays tomorrow, you can just use Barb's letter to not renew any sort of lease that the tenant is using.

If you're learning and improving, you're the one who can judge on what you would like to do as a property owner. Best of luck, and I'd like to know what happens. --73.93.xx.xx




Service Animal (by AR [CA]) Posted on: Feb 6, 2019 7:52 PM
Message:

Just get an eviction attorney and be done with this. --108.184.xxx.xxx



Click Here to send this discussion to a friend
Report discussion to Webmaster


Reply:
Subject: RE: Service Animal
Your Name:
Your State:

Message:
Service Animal
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: