Indiana Landlord Trying to Evict us because of ESA Animals?

[not2cleverRed]

If you actually read through it you'll see the Fair Housing states that there be modifications made to no pet policy with an ESA Letter so you all saying otherwise is bs

Accessibility related laws require only reasonable accommodations.

An ESA animal that is poorly trained and tearing up the property need not be tolerated by the landlord.

 

[SophiaHadez]

Accessibility related laws require only reasonable accommodations.

An ESA animal that is poorly trained and tearing up the property need not be tolerated by the landlord.

They are both properly trained and always by my side 24/7

They have done no damages to the house any damages like a crack in the wall underneath our air conditioner have been incredibly the house for the past 2 years cause that's how much this landlord don't give a f&*@ about fixing stuff

You'd think you'd realize that after a program that has nothing to do with the Landlord had to spray the house since the landlord wouldn't yet it would been his responsibility

 

[AlmostThere]

The fact is, without a binding lease, the landlord can give you a 30-day notice at any time. The landlord may have made it made a mistake by citing your animals as a reason. If that is the case, as soon as your landlord out figures out that he does not need a reason, you will need to be out in 30 days.

It will be your best interest to start finding alternative housing as soon as possible.

 

[quincy]

If you actually read through it you'll see the Fair Housing states that there be modifications made to no pet policy with an ESA Letter so you all saying otherwise is bs

You can read through the information from the Bazelton Center (cbg provided this earlier but here is a clickable link):

https://www.in.gov/ihcda/files/Emotional_Support_Animal.pdf

If you wish to fight to extend your month-to-month tenancy or to sue your landlord for discrimination (which to me seems a futile and potentially costly task), you must first learn whether your landlord owns more than 3 single family rental houses or not (if not, FHA doesn’t apply).

Additionally, you must be prepared to prove your disability (its existence, not necessarily the specific disability) and to demonstrate that the emotional support animal is necessary for your use and enjoyment of the rental.

You should be prepared to give up all of your cats and (probably) one of your dogs and pay for any damages these animals have caused (and possibly pay any fines for violation of the no-pet policy). The 2014 lease terms are the terms under which your month-to-month rental is governed.

I hope your emotional support dog (singular) is good-natured and not a nuisance (vicious, destructive) because you can be held liable for dog bites or damages to the house, and these alone can be justifiable legal reasons for early termination of a lease.

All communications with your landlord should be in writing. See the information in the link above for what needs to be done.

I believe your current landlord has good support for termination of your month-to-month rental and these reasons are justifiable even if you have the medical need for an emotional support dog.

 

[SophiaHadez]

You can read through the information from the Bazelton Center (cbg provided this earlier but here is a clickable link):

https://www.in.gov/ihcda/files/Emotional_Support_Animal.pdf

If you wish to fight to extend your month-to-month tenancy or to sue your landlord for discrimination (which to me seems a futile and potentially costly task), you must first learn whether your landlord owns more than 3 single family rental houses or not (if not, FHA doesn’t apply).

Additionally, you must be prepared to prove your disability (its existence, not necessarily the specific disability) and to demonstrate that the emotional support animal is necessary for your use and enjoyment of the rental.

You should be prepared to give up all of your cats and (probably) one of your dogs and pay for any damages these animals have caused (and possibly pay any fines for violation of the no-pet policy). The 2014 lease terms are the terms under which your month-to-month rental is governed.

I hope your emotional support dog (singular) is good-natured and not a nuisance (vicious, destructive) because you can be held liable for dog bites or damages to the house, and these alone can be justifiable legal reasons for early termination of a lease.

All communications with your landlord should be in writing. See the information in the link above for what needs to be done.

I believe your current landlord has good support for termination of your month-to-month rental and these reasons are justifiable even if you have the medical need for an emotional support dog.

Maybe you should read this then - https://smallpdf.com/file#s=131e203e-87fa-4c26-9d5a-fff3b332f3ff

Everything that is highlighted was highlighted by a Legal Aid Lawyer Boss

 

[quincy]

And maybe you should read this:

https://www.in.gov/ihcda/files/Emotional_Support_Animal.pdf

What is it you want the forum to do for you, SophiaHadez?

 

[cbg]

Q, it's clear she's not looking for help or advice. She only wants someone to tell her she's right.

 

[SophiaHadez]

And maybe you should read this:

https://www.in.gov/ihcda/files/Emotional_Support_Animal.pdf

What is it you want the forum to do for you, SophiaHadez?

Even in the link you posted

Fair Housing Act Applies to virtually all forms of housing, whether for sale or rent. The exceptions include (a) buildings with four or fewer units where the landlord lives in one of the units, and (b) private owners who do not own more than three single family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements. (1) Tenant has a disability; (2) Landlord/Housing Authority knows about disability; (3) Reasonable accommodation may be necessary to afford tenant an equal opportunity to use and enjoy his or her dwelling; and (4) Reasonable accommodation would not constitute an undue burden or fundamental alteration.

https://gyazo.com/c899fc6006b9a352b3c8a82603f4db7a I highlighted it for you

 

[Just Blue]

They are both properly trained and always by my side 24/7

They have done no damages to the house any damages like a crack in the wall underneath our air conditioner have been incredibly the house for the past 2 years cause that's how much this landlord don't give a f&*@ about fixing stuff

You'd think you'd realize that after a program that has nothing to do with the Landlord had to spray the house since the landlord wouldn't yet it would been his responsibility

1. Stop posting vulgar language. Even if you $%&! the vulgarity, you are violating the TOS of this site. Try posting like a mature grown up and not a potty mouthed child. Thank you.

2. Why do you want to continue to live in such a slumlord place?

 

[SophiaHadez]

And maybe you should read this:

https://www.in.gov/ihcda/files/Emotional_Support_Animal.pdf

What is it you want the forum to do for you, SophiaHadez?

Here's the letter that was sent to the Landlord from Legal Aid Boss below

https://. — link removed by admin]

 

[cbg]

Okay, Sophia.

Let's suppose that everyone here reads your link and cries, "Eureka! Sophia is 100% right and the landlord is 100% wrong!"

In what way will your situation have changed?

 

[Taxing Matters]

Your first problem is that even if one animal qualifies as a support animal, the others don't. You need only one support animal, not a bunch of them. The no pets rule would apply to any animal that is not your support animal. Having those other pets is a violation of the lease terms. For pets you've had there for a long time you may be able to argue to a court that the landlord waiting so long to take action about the animals acts as an effective waiver of the no pets provision. You'd need to see a lawyer in your state about that.

Even if you can successfully argue that the no pets provision was effectively waived, you may still be evicted for any other violation of the lease, like any hazardous condition you've created in your unit.

If you exceed the number of animals that local ordinance says you may have (your city or county may or may not have a pet rule), you'd have to either get rid of some animals to come into compliance or the local government may hit you with fines and an order to remove the animals that put you in violation. That violation would easily be sufficient for the landlord to evict you.

Finally, and this is going to be the hardest one to get around, you are a month to month tenant. That means your lease is only good for one month at a time. The landlord may make changes to the lease at any time after the notice required by state law has been provided. As the lease ends after th expiration of each monthly lease period your landlord may terminate the lease for just about any reason simply by giving you the notice that state law requires. In most states the requirment is only that the notice be given before the next monthly period starts in order to to require you to be out when the next month's lease period runs out. The landlord does not need any special reason to do this. The landlord may not terminate the lease just because you have a support animal. But most any other reason, including just wanting you out, is enough.

Consult a lawyer near you who practices in the area of landlord-tenant law representing tenants to find out what options, if any, you have and how quickly you must take action before finding yourself on the streets. Arguing with us doesn't help you in any way. None of us can do anything to help you avoid eviction. That's what your landlord-tenant lawyer is for.

 

[quincy]

Even in the link you posted

Fair Housing Act Applies to virtually all forms of housing, whether for sale or rent. The exceptions include (a) buildings with four or fewer units where the landlord lives in one of the units, and (b) private owners who do not own more than three single family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements. (1) Tenant has a disability; (2) Landlord/Housing Authority knows about disability; (3) Reasonable accommodation may be necessary to afford tenant an equal opportunity to use and enjoy his or her dwelling; and (4) Reasonable accommodation would not constitute an undue burden or fundamental alteration.

https://gyazo.com/c899fc6006b9a352b3c8a82603f4db7a I highlighted it for you

And?

What do you want, SophiaHadaz? To extend your lease past September 18? To sue your landlord for discrimination (even though you have violated terms of the lease)? For strangers on the internet to say your landlord sucks?

 

[SophiaHadez]

Your first problem is that even if one animal qualifies as a support animal, the others don't. You need only one support animal, not a bunch of them. The no pets rule would apply to any animal that is not your support animal. Having those other pets is a violation of the lease terms. For pets you've had there for a long time you may be able to argue to a court that the landlord waiting so long to take action about the animals acts as an effective waiver of the no pets provision. You'd need to see a lawyer in your state about that.

Even if you can successfully argue that the no pets provision was effectively waived, you may still be evicted for any other violation of the lease, like any hazardous condition you've created in your unit.

If you exceed the number of animals that local ordinance says you may have (your city or county may or may not have a pet rule), you'd have to either get rid of some animals to come into compliance or the local government may hit you with fines and an order to remove the animals that put you in violation. That violation would easily be sufficient for the landlord to evict you.

Finally, and this is going to be the hardest one to get around, you are a month to month tenant. That means your lease is only good for one month at a time. The landlord may make changes to the lease at any time after the notice required by state law has been provided. As the lease ends after th expiration of each monthly lease period your landlord may terminate the lease for just about any reason simply by giving you the notice that state law requires. In most states the requirment is only that the notice be given before the next monthly period starts in order to to require you to be out when the next month's lease period runs out. The landlord does not need any special reason to do this. The landlord may not terminate the lease just because you have a support animal. But most any other reason, including just wanting you out, is enough.

Consult a lawyer near you who practices in the area of landlord-tenant law representing tenants to find out what options, if any, you have and how quickly you must take action before finding yourself on the streets. Arguing with us doesn't help you in any way. None of us can do anything to help you avoid eviction. That's what your landlord-tenant lawyer is for.

Again the only things that would be wrong with this place would be from the landlord not giving a &^%$ when we told him about a whole in the floor and them not fixing it

The Top of the wall being cracked because they did a &^$@ ass job fixing it

The Crack underneath our Air Conditioner has been there for 10+ years

The Whole in the top of the wall in Kitchen has been like that for 10+ years

The Whole in the top of the wall in bedroom has been like that for 10+ years

There is no Damages caused by us so yes he would need a cause since we are part of housing it is ILLEGAL to evict without a cause

 

[SophiaHadez]

And?

What do you want, SophiaHadaz? To extend your lease past September 18? To sue your landlord for discrimination (even though you have violated terms of the lease)? For strangers on the internet to say your landlord sucks?

So him Violating the lease first 9 years ago doesn't count? The Lease works both ways not one

The Landlord was the first person to violate the lease in anyway shape or forum.

And Break the Law with bringing a Fire Hazard into one of his properties