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Landlord/tenant dispute regarding emotional support animal (ESA)

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achiafo

Member
Hey folks. New to these forums, so please be gentle. The state in question is Iowa.

Here is the scenario. My wife and I had moved into an apartment unit about 10 days ago. We signed the rental agreement on the 5th of October. It is a month-to-month agreement. We did not actually move in until October 7th, which was a Monday. At first, everything was fine. The apartment was very small, but it was clean. Aside from a ceiling above the shower that was on the verge of collapse, a non-working light bulb, and a few nail holes in the wall, everything was more or less spotless.

That morning, I sent my landlord a text message, requesting an accommodation under the Fair Housing Act, section 504. My wife and I both had letters from our doctors expressing the prescription of a small companion/emotional support animal, one for each of us. Her and I both suffer from a series of mental health disabilities. No more than five minutes later, I receive a phone call from the landlord, and he is very obviously angry. He said "I have to allow it," but he also made statements such as the following: "If you bring those cats in there, we may as well consider that our 30 days," and "Those cats are going to be a problem." Long story short, he gave us verbal permission for the animals to be there, but he made threats of retaliation should we decide to exercise our rights as tenants.

The weekend immediately before this conversation took place, I had experienced a series of mentally and emotionally traumatizing events. I won't go into detail, but I will tell you that my brother committed suicide, my mother got committed to a psychiatric hospital (she suffers from schizophrenia), and my father got hauled off to jail. My family shattered over the course of 48 hours, and my meds were not doing enough. I was at risk of hospitalization. My wife and I decided to bring our ESA's into the unit and "face the consequences."

The very next day, the landlord entered our apartment unit without giving a 24 hour written notice, citing the bathroom ceiling maintenance as the reason for entry. My gut had told me to stay home from work that day, because I had a feeling the landlord would pull this. Whether intentionally or unintentionally, he left the door to the unit open, allowing my ESA to escape. I was lucky enough to bring the ESA back into my apartment unit. But this event made it clear to my wife and I that we, nor our ESAs, were safe in the unit.

By this point I had contacted attorneys, the Department of Housing and Urban Development (HUD), as well as the Iowa Civil Rights Commission. An investigation is already underway, and I can file my official complaint at any time. I have waited to do this, though, because I want to give our landlord the opportunity to remedy the situation on his own, outside of court.

As a result of all of this, we moved out a week later. We had to wait for the new landlord to run background checks, process applications, etc. It was a very tense week. Every day at work, I was afraid to come home and find our animals missing. I openly acknowledge that we did not give him a proper 30 day notice to end our month-to-month rental agreement, but I did send him a text message the following morning, stating that we had thoroughly cleaned the unit, and had vacated it.

I had recorded a video, walking through the entire apartment, highlighting the state of repair we had left it in. We had only occupied the apartment for about a week. We were just barely able to afford rent + deposit at another apartment under different ownership. We are now experiencing financial hardship due to these events. In spite of this, we are breathing sighs of relief. Our cats are alive, and we have a roof over our heads. That being said, we want two things: Our deposit back, and the rest of October's rent refunded to us.

I sent another text message to the landlord, expressing our concerns. informing him of our termination of the rental agreement, as well as offering to set up a time and place to return the keys to him (he lives out of town). I had also indicated to him that I would be willing to walk through the unit with him, in order to address any concerns about wear and tear on the property, as a show of good faith.

He has yet to respond to me at all. I did not disclose the HUD and Civil Rights Commission's investigations, but I did inform him that I had contacted "a couple of government agencies." And this brings us to today. Does he have any kind of time limit to give correspondence? Should I even try to cooperate with this guy at all, or just take him straight to small claims? I am not the type of person to turn a simple disagreement/misunderstanding into a Judge Judy episode. But my wife and I feel as though we deserve some kind of justice.
 


LdiJ

Senior Member
Hey folks. New to these forums, so please be gentle. The state in question is Iowa.

Here is the scenario. My wife and I had moved into an apartment unit about 10 days ago. We signed the rental agreement on the 5th of October. It is a month-to-month agreement. We did not actually move in until October 7th, which was a Monday. At first, everything was fine. The apartment was very small, but it was clean. Aside from a ceiling above the shower that was on the verge of collapse, a non-working light bulb, and a few nail holes in the wall, everything was more or less spotless.

That morning, I sent my landlord a text message, requesting an accommodation under the Fair Housing Act, section 504. My wife and I both had letters from our doctors expressing the prescription of a small companion/emotional support animal, one for each of us. Her and I both suffer from a series of mental health disabilities. No more than five minutes later, I receive a phone call from the landlord, and he is very obviously angry. He said "I have to allow it," but he also made statements such as the following: "If you bring those cats in there, we may as well consider that our 30 days," and "Those cats are going to be a problem." Long story short, he gave us verbal permission for the animals to be there, but he made threats of retaliation should we decide to exercise our rights as tenants.

The weekend immediately before this conversation took place, I had experienced a series of mentally and emotionally traumatizing events. I won't go into detail, but I will tell you that my brother committed suicide, my mother got committed to a psychiatric hospital (she suffers from schizophrenia), and my father got hauled off to jail. My family shattered over the course of 48 hours, and my meds were not doing enough. I was at risk of hospitalization. My wife and I decided to bring our ESA's into the unit and "face the consequences."

The very next day, the landlord entered our apartment unit without giving a 24 hour written notice, citing the bathroom ceiling maintenance as the reason for entry. My gut had told me to stay home from work that day, because I had a feeling the landlord would pull this. Whether intentionally or unintentionally, he left the door to the unit open, allowing my ESA to escape. I was lucky enough to bring the ESA back into my apartment unit. But this event made it clear to my wife and I that we, nor our ESAs, were safe in the unit.

By this point I had contacted attorneys, the Department of Housing and Urban Development (HUD), as well as the Iowa Civil Rights Commission. An investigation is already underway, and I can file my official complaint at any time. I have waited to do this, though, because I want to give our landlord the opportunity to remedy the situation on his own, outside of court.

As a result of all of this, we moved out a week later. We had to wait for the new landlord to run background checks, process applications, etc. It was a very tense week. Every day at work, I was afraid to come home and find our animals missing. I openly acknowledge that we did not give him a proper 30 day notice to end our month-to-month rental agreement, but I did send him a text message the following morning, stating that we had thoroughly cleaned the unit, and had vacated it.

I had recorded a video, walking through the entire apartment, highlighting the state of repair we had left it in. We had only occupied the apartment for about a week. We were just barely able to afford rent + deposit at another apartment under different ownership. We are now experiencing financial hardship due to these events. In spite of this, we are breathing sighs of relief. Our cats are alive, and we have a roof over our heads. That being said, we want two things: Our deposit back, and the rest of October's rent refunded to us.

I sent another text message to the landlord, expressing our concerns. informing him of our termination of the rental agreement, as well as offering to set up a time and place to return the keys to him (he lives out of town). I had also indicated to him that I would be willing to walk through the unit with him, in order to address any concerns about wear and tear on the property, as a show of good faith.

He has yet to respond to me at all. I did not disclose the HUD and Civil Rights Commission's investigations, but I did inform him that I had contacted "a couple of government agencies." And this brings us to today. Does he have any kind of time limit to give correspondence? Should I even try to cooperate with this guy at all, or just take him straight to small claims? I am not the type of person to turn a simple disagreement/misunderstanding into a Judge Judy episode. But my wife and I feel as though we deserve some kind of justice.
You need to get the keys to him like yesterday. Even if you have to send them with next day delivery. As long as you have the keys you still officially occupy the residence.
 

Taxing Matters

Overtaxed Member
You jumped the gun and moved out without giving the notice required by law. While you may be entitled to your security deposit back, you would owe at least the October rent as you did not provide the necessary notice. You may also technically owe rent for November, too. You had one angry conversation with the landlord but he did agree to let you have the animals and the incident where he left the door open and the cats got out may not have been intentional. The bottom line though is that he had not yet done anything to breach the lease or interfere with your right to have an ESA. You could see potential trouble there, but the actual trouble had not yet happened. I don't see where the landlord had yet violated either the lease or the law on allowing you an ESA. You feel better about moving some place else, and that's important, but I don't see you getting a pro rated portion of the October rent back. You might also owe the rent for November, too, because your notice was not 30 days before the start of the next monthly rental period.
 

Gail in Georgia

Senior Member
"Should I even try to cooperate with this guy at all, or just take him straight to small claims? "

Take him to Small Claims court for what? From what you have posted here you did not provide either the required 30 day notice to terminate your month to month lease nor turned over the keys to the rental unit. Until you do both you remain his tenant. Not only are you legally not due your October rent, it is likely your landlord will use your security deposit for whatever part of November rent until you do the above.

You cannot simply skip out on a month to month tenancy and expect to be rewarded financially for this

Gail
 

adjusterjack

Senior Member
But my wife and I feel as though we deserve some kind of justice.
Really?

You sandbagged the LL with the cats AFTER you moved in. In other words, you CONCEALED the existence of the cats until after you moved in and then tried this ESA BS to do an end run around a no pets rule.

Whatever money you lose on this is nobody's fault but your own.

Did you tell your new LL about the cats before you signed your new lease?
 

achiafo

Member
I don't see where the landlord had yet violated either the lease or the law on allowing you an ESA.
See, the issue here isn't a matter of actually allowing an ESA; that part he did, but the issue here is making threats of retaliation for a tenant exercising their legally protected rights. The Civil Rights Commission over the phone had called it "adverse action." And it is illegal to do so.
 

achiafo

Member
You sandbagged the LL with the cats AFTER you moved in. In other words, you CONCEALED the existence of the cats until after you moved in and then tried this ESA BS to do an end run around a no pets rule.

Whatever money you lose on this is nobody's fault but your own.

Did you tell your new LL about the cats before you signed your new lease?
This is bull. Did you even read the OP? I wasn't going to even move the animals in, until I had several traumatic events that happened AFTER I signed the lease. Even so, the law states that a tenant is in no way obligated to disclose their ESA before signing a lease. They can do this for any reason, but a common one is to prevent a LL from discriminating and not renting to them for having an ESA.


EDIT: And yes, we have told our new property manager we have ESA's. We gave them copies of our medical documents aas well as their immunization records. Do not paint me out to be a bad person.

Also. ESA's are NOT pets. They are a prescribed method from a healthcare provider as a treaatment option for a mental disability. The debate on this is over. Read the FHA section 504.
 

adjusterjack

Senior Member
Anybody can convince a shrink that they have a mental disorder and walk out with an ESA note. It's getting way out of hand. I'm thankful I got rid of my rentals long ago. I feel sorry for landlords who have to deal with animals destroying their property.

I hope you have plenty of money set aside to pay for the damage your cats do to your landlord's property.
 

FarmerJ

Senior Member
Youre choice to move out early was just that your choice! Had you stayed on you would have been in a much better position and not have the mess you do now, Feeling unsafe doesn't get you out of owing for one months rent , Month to month tenants ( at will tenants ) who want to move out must give the amount of notice the lease says and if there is no written lease then the amount of notice will be listed in your state govt landlord tenant l web pages ( so if your state says 30 days notice is the minimum then that's it, if your state says the notice is to be one whole rental period then that's what it is and looks to me like you will owe November rent unless the LL installs a replacement tenant very quickly( like say to move in on 11/1 /2019 then you could find you don't owe any rent for november
 

achiafo

Member
Anybody can convince a shrink that they have a mental disorder and walk out with an ESA note. It's getting way out of hand. I'm thankful I got rid of my rentals long ago. I feel sorry for landlords who have to deal with animals destroying their property.

I hope you have plenty of money set aside to pay for the damage your cats do to your landlord's property.
I'm curious. How much "damage" do you really think two cats can do over the course of one week? Either way, your argument is invalid, because tenants are still on the hook for whatever damage their ESA's cause. So it's really no excuse to not support ESA's in the first place. But you can keep blowing smoke if you want to. Your choice.


Youre choice to move out early was just that your choice! Had you stayed on you would have been in a much better position and not have the mess you do now, Feeling unsafe doesn't get you out of owing for one months rent , Month to month tenants ( at will tenants ) who want to move out must give the amount of notice the lease says and if there is no written lease then the amount of notice will be listed in your state govt landlord tenant l web pages ( so if your state says 30 days notice is the minimum then that's it, if your state says the notice is to be one whole rental period then that's what it is and looks to me like you will owe November rent unless the LL installs a replacement tenant very quickly( like say to move in on 11/1 /2019 then you could find you don't owe any rent for november
I see where you are coming from here. We're probably on the hook still for October. At the end of the day, I don't really care. I'd pay thousands of dollars if it meant keeping my family and my animals safe. Though we really should be entitled to our deposit back, at least.
 

Just Blue

Senior Member
It confuses me why someone would choose to move in to an apt/home where there is a no pet policy. I, as a cat owner and a person that has PTSD, would find one of the many apt's for rent that allow animals. Less hassle.
 

achiafo

Member
It confuses me why someone would choose to move in to an apt/home where there is a no pet policy. I, as a cat owner and a person that has PTSD, would find one of the many apt's for rent that allow animals. Less hassle.
This is a good point, but my wife and I had to move into an apartment in a small town, with few housing options. We did manage to find a unit that allows pets, but it shouldn't matter to begin with. An ESA is not a pet.
 

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