Tenants with Service Animals

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Comments (19)

T in Modesto, California

59 months ago

What do you do when you have a tenant that has a service animal, but the tenant has a personality disorder that confuses EVERYONE in the complex. One day you can talk and pet her dog, the next day if you try she get's crazy and says her canine is on duty and you've violated service animal etiquette. She is driving me and a lot of the other tenants crazy with her dog rules. I understand the service animal agreement, and I dont ever talk or pet her dog anymore, but she uses it against everyone in many situations. She also allows her dog to bark forever when someone knocks on her door when I know that she knows how to shut the dog down when she "wants" to.

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Charlie Wade in Bay Area, California

57 months ago

Is this the same tenant you're having other issues with (screen door)?

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T in Modesto, California

57 months ago

yes, she's a piece of work.

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Charlie Wade in Bay Area, California

57 months ago

Does the attorney know about the dog? If she is going to be evicted anyway for non payment of rent, then the issue with the dog is moot.

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T in Modesto, California

57 months ago

the atty knows about all of it.... but it looks like non payment of rent is gonna be her downfall.

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Property Management Professional in Dallas, Texas

56 months ago

T in Modesto, California said: What do you do when you have a tenant that has a service animal, but the tenant has a personality disorder that confuses EVERYONE in the complex. One day you can talk and pet her dog, the next day if you try she get's crazy and says her canine is on duty and you've violated service animal etiquette. She is driving me and a lot of the other tenants crazy with her dog rules. I understand the service animal agreement, and I dont ever talk or pet her dog anymore, but she uses it against everyone in many situations. She also allows her dog to bark forever when someone knocks on her door when I know that she knows how to shut the dog down when she "wants" to.

Even though she has a service animal this does not mean she can violate and manipulate the basic rules of your lease/animal agreement by disturbing the peace of others. You can hold her in violation of animal rules and regulations of your property without violating any laws. Get resident witness statements/complaint letters which are your best defense in this case, get them in writing, so if you had to go to court you won't look like the you are being mean or pushy of a fair housing issue as they are all 3rd party complaints. Good luck...omy.

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T

56 months ago

Other tenants like to complain, but they don't like to put it in writing... and you cant persuade them to either or you can get caught up in a bunch of other legal issues. I would hate to own a property, landlords have no rights....
The disabled KNOW their rights and boy they practice and push them daily. When you don't have a job you have plenty of time to school up.... those of us that work, well, we just don't have the time.

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Property Management Professional in Dallas, Texas

56 months ago

T said: Other tenants like to complain, but they don't like to put it in writing... and you cant persuade them to either or you can get caught up in a bunch of other legal issues. I would hate to own a property, landlords have no rights....
The disabled KNOW their rights and boy they practice and push them daily. When you don't have a job you have plenty of time to school up.... those of us that work, well, we just don't have the time.

T, if you do ever buy investment real estate property, buy it in Texas. Texas is a very landlord backed state and they don't mess around out here. I have won so many cases with very little evidence on eviction for things other than non payment of rent. The courts are very landlord friendly and the leases and state laws are written in the owners favor. Attorneys are generally only required when it gets kicked up to County Court. Many of the management companies I have worked for that have corporate offices in california have sold all their property there and reinvested in texas just to get away from california regulations and rules that favor the resident more and more over.

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T

56 months ago

I hear ya, California is a red tape nightmare. GO TEXAS!!

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You Wow'd me in Seattle, Washington

55 months ago

T said: Other tenants like to complain, but they don't like to put it in writing... and you cant persuade them to either or you can get caught up in a bunch of other legal issues. I would hate to own a property, landlords have no rights....
The disabled KNOW their rights and boy they practice and push them daily. When you don't have a job you have plenty of time to school up.... those of us that work, well, we just don't have the time.

I do agree that people like to gripe but not get serious and put it on paper. It sounds like you're pretty against disabled people having rights or am I reading your post wrong? They got special rights (sort of) because there were to many ignorant/biggoted others out there abusing them. That's why it's against the law to discriminate against the disabled.

Since you clearly can't manage to get educated while working, perhaps you could use your vacation to get all learn'ed and stuff. OR maybe you could talk to your wife and she could learn'ed you about sensitivity.

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T

55 months ago

I'm not against the disabled, I'll probably be one one day myself. I am against whiners tho. Please put it in writing.

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Charlie Wade in Bay Area, California

55 months ago

So what became of that problem tenant? I take it she'd not been booted for non payment of rent yet, huh?

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T

55 months ago

court date is pending.

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Charlie Wade in Bay Area, California

55 months ago

Has she changed her tune yet? Or is she still acting unreasonably? Is she at least paying rent?

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T

55 months ago

non payment of rent is probably a pretty cut and dry case I would assume? Do judges allow the tenant to present reasons for why they didnt pay? I'm just taking in all of the notices that I gave the tenant prior to and after not recieving rent... would I need anything else? The tenants answer to the summons was "discrimination"....

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T

55 months ago

She never paid january rent, but sent by "certified mail" checks for feb and march which I was told to return to her, so I did.

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Charlie Wade in Bay Area, California

55 months ago

I believe you are in CA, which is where I live and work. In CA, if your rental is 'inhabitable', then you are required to pay rent. The only issue she can argue is that the unit is 'uninhabitable'. Not installing a screen door does not make a unit 'uninhabitable' or any other such thing. 'Uninhabitable' would be infestation of pests (roaches, rats, etc.); no running or hot water; electricity wiring that is dangerous or substandard; and so forth.

If the judge is doing his/her job, he will only allow her to present evidence as to why the unit is 'uninhabitable' and that's it, since that is the only issue in question. She can argue discrimination or anything else she wants. But a judge who knows the law will require her to address only the issue you at hand, which is your unlawful detainer suit and the possible issue of 'uninhabitability'.

You should have any and all documentation that could be relevant at hand. But the big ones will be documentation of her being legally served with the three-day notice and the notice itself, as well as any other communication that you've had with her about her non-payment of rent.

What do you mean the tenant answered the summons with 'discrimination'?

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Charlie Wade in Bay Area, California

55 months ago

T said: She never paid january rent, but sent by "certified mail" checks for feb and march which I was told to return to her, so I did.

It's difficult to return money in hand, but that was probably wise, to return her Feb and Mar rent checks if she has not paid for Jan.

Had you accepted Feb rent without requiring Jan rent, she would be able to make a very good case that you therefore accepted that she doesn't ever have to pay Jan rent. That's why you don't accept partial rent; if you do, the tenant then can make a very good case that you are agreeing to simply accepting that lower rent and then the issue is settled.

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HUDMANAGER in Sacramento, California

48 months ago

I had a resident with a service animal that loved to bark, nip, bite and crap and pee all over the carpet and walls. She believed that because it was a service animal she could get away with the dogs poor behavior. She thought wrong. You cannot deny a person who is "disabled" a service animal, but you can lease violate, charge for damage and evict the service animal if it shows aggressive behavior or disturbs the quiet enjoyment of others. Still waiting for this woman to pay the 3000 dollars in damage caused by her "service animal" and her neglect! Since we can't charge a deposit, guess the landlord gets screwed!

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