Landlord/tenant dispute regarding emotional support animal (ESA)

[Just Blue]

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.

But to FORCE a LL to accept your cats, when they don't want animals on their property, is just begging for a horrid relationship with the LL.

 

[reenzz]

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.

So what exactly did the landlord do wrong? How did he violate your lease? You violated your lease and/or Iowa state law by not giving proper written notice.

 

[Taxing Matters]

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.

Even so, it was one phone call of threats made that were never acted upon. That doesn't allow you to breach the lease by moving out without the required notice. There are other remedies for the claimed retaliation. The landlord still has the right to the rent for at least October and perhaps November, too.

 

[Eekamouse]

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.

Riiiiight.

 

[not2cleverRed]

I concealed nothing.

Might I familiarize you with today's vocabulary word: disingenuous.

 

[reenzz]

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.

FYI...not all landlords are required to accept ESA's.

 

[bcr229]

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.

A text message is not proper notice. You need to provide 30-day written notice to your landlord that you are terminating the lease. Have you done so?

 

[Gail in Georgia]

It is correct that ESA animals are not pets and thus landlords who do not allow pets (or require a pet deposit/pet rent) must realize this fact.

However, the issue here is that proper notice was not provided by the OP regarding vacating the rental property as required to terminate a tenancy at will (i.e., a month to month lease). Since keys have not been turned in it is likely that an argument can be made in court that the OP remains responsible for the continued rent until 1. formal notice of termination is provided along with the return of the keys or 2. the landlord has been able to rerent the unit.

It is best to expend the energy doing #1 as opposed to continue wasting time discussing whether an ESA cat is a pet or animal.

Gail

 

[whodatnextdoor]

HUD and the Civil Rights commission do not initiate an investigation until you file your complaint. There is a statute of limitations that applies, and that does not stop running until you file your complaint. You are correct that a threat to evict you because you have an assistance animal (the correct legal term under laws requiring accommodation of disabilities in housing) could be considered retaliation, provided it is considered reasonably severe enough to dissuade you from asserting your rights under the law AND your means of asserting your rights were reasonable. From a cursory review, I would question the reasonableness of your own actions. I do think it would be considered quite more than coincidental that both you and your wife had such a quick, immediate need for assistance animals in the very same week, right after moving in. May I assume you already had these cats? It seems illogical, and yes, disingenuous, that you would suddenly develop the need for an emotional support cat if you were not already attached to the animal, in which case your claim of an actual medical need could be considered suspect.

Regarding moving out with no notice, everyone on the forum who has responded would seem to have the same opinion and I have nothing else to add.

 

[LindaP777]

I'm still confused as to why you did not disclose you had cats (plural) to your landlord when you applied!?
Where were the cats after you moved in? You intended to leave them there and not bring them with you? I find that hard to believe.

Just FYI, owners of ESA (support animals) do NOT have the same rights as owners of ADA animals (service animals). Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA.

 

[LindaP777]

You are correct that a threat to evict you because you have an assistance animal (the correct legal term under laws requiring accommodation of disabilities in housing)

He does not have an ASSISTANCE ANIMAL. He has 2 support animals. Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA.

 

[LindaP777]

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.

Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA.

 

[adjusterjack]

I'm still confused as to why you did not disclose you had cats (plural) to your landlord when you applied!?

Nothing to be confused about. They knew that the LL wouldn't rent to anybody with cats so they concealed the cats and sandbagged the LL with the bulls--t ESA story.

 

[LindaP777]

Nothing to be confused about. They knew that the LL wouldn't rent to anybody with cats so they concealed the cats and sandbagged the LL with the bulls--t ESA story.

AGREED!

 

[Eekamouse]

Nothing to be confused about. They knew that the LL wouldn't rent to anybody with cats so they concealed the cats and sandbagged the LL with the bulls--t ESA story.

You got nothing but net on that analysis, AJ.