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Indiana Landlord Trying to Evict us because of ESA Animals?

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SophiaHadez

Active Member
My Landlord has already given us notice to Vacate saying that we have broken the lease agreement when there has been noting that my husband has signed since 2014

Saying the cause is not keeping the place clean and tidy and keeping pets on the premisies when the lease says no pets

My Husband has had Cats in the house since 2014 and even had a small dog until 2022 and the landlord had never said anything to him before we got the emotional support animals with an ESA letter from my regular family doctor the landlord has made no attempts to follow the Fair Housing Act or Reasonable Accommodation which the law states would apply in this case since it is a disability

Also the Landlord has brought in a Fire Hazard to where we live, Has not made repairs to the inside of the house that we told him about for the past 2 years, When he has made repairs it has taken over 1 year to do those repairs
 


quincy

Senior Member
My Landlord has already given us notice to Vacate saying that we have broken the lease agreement when there has been noting that my husband has signed since 2014

Saying the cause is not keeping the place clean and tidy and keeping pets on the premisies when the lease says no pets

My Husband has had Cats in the house since 2014 and even had a small dog until 2022 and the landlord had never said anything to him before we got the emotional support animals with an ESA letter from my regular family doctor the landlord has made no attempts to follow the Fair Housing Act or Reasonable Accommodation which the law states would apply in this case since it is a disability

Also the Landlord has brought in a Fire Hazard to where we live, Has not made repairs to the inside of the house that we told him about for the past 2 years, When he has made repairs it has taken over 1 year to do those repairs
Is this a single family house? Is it the landlord’s only rental?

You say “emotional support animals.” How many animals do you have in the house?
 

SophiaHadez

Active Member
Is this a single family house? Is it the landlord’s only rental?

You say “emotional support animals.” How many animals do you have in the house?
The landlord would definitely have over 5 properties

2 Dogs and 3 cats ...... Only the dogs are listed on my ESA letter so they wouldn't be technically considered pets
 

SophiaHadez

Active Member
Even if we accept that the dogs are emotional support animals, the cats are not and therefore you are in violation.
Not when the Landlord has known about the cats and actually seen the cats and never said anything.

Plus the Landlord Violated the lease himself 9 years ago when the lease says Sewage is to be paid by Landlord not Tenant but yet my husband has been paying it for 9 years

Not to Mention he brought a Fire Hazard into one of his properties which is Illegal to do
 

SophiaHadez

Active Member
Tenant Rights below

1. You Have the Right to a Habitable Place to Live
Typically, leases have an “implied warranty of habitability.” What does this mean?

  • “Habitable”means a safe and clean place to live, in compliance with local housing codes.
    • Keeping the rental premises habitable also means that landlords must follow state health and fire codes and maintain common areas.
    • The rental unit must be clean, with toilets, furnaces and windows working.
    • Locks must be on every outside door or doors that lead to a common area.
    • Keeping rental premises habitable includes maintaining the structural safety of the building and weatherproofing.
Putting a Fire Hazard in a house is not safe
 
Not when the Landlord has known about the cats and actually seen the cats and never said anything.

Plus the Landlord Violated the lease himself 9 years ago when the lease says Sewage is to be paid by Landlord not Tenant but yet my husband has been paying it for 9 years

Not to Mention he brought a Fire Hazard into one of his properties which is Illegal to do
Your landlord has been nice to you and turned a blind eye to the pets you have had over the years. For whatever reason, your landlord no longer wants to do that. It is in your lease, and the landlord can choose enforce it.

I own dogs, and have owned cats. As much as I love them, they inflict wear and tear and cause damage. If I were a landlord, I'd be cautious about allowing pets, unless the lessee provided a large non-refundable pet deposit and/or a monthly pet fee.

When does your lease end? How much time do you have to move out?
 

SophiaHadez

Active Member
Whether he's said anything before, he's saying it now.

Your lease says no pets. You have pets.

You are in violation.

The landlord's wrongdoings do not justify yours.

Why was it a week ago he only told us in person "Get rid of the Dogs" nothing once again about the cats
 

SophiaHadez

Active Member
Your landlord has been nice to you and turned a blind eye to the pets you have had over the years. For whatever reason, your landlord no longer wants to do that. It is in your lease, and the landlord can choose enforce it.

I own dogs, and have owned cats. As much as I love them, they inflict wear and tear and cause damage. If I were a landlord, I'd be cautious about allowing pets, unless the lessee provided a large non-refundable pet deposit and/or a monthly pet fee.

When does your lease end? How much time do you have to move out?
Sept.18th but we can ask Housing for an Extension which we plan on doing since I have about 5+ pages of place's that I have personally contacted

And nothing has been filed in court for it to be legal

Wanna know why? Cause he can't produce a lease that my husband signed 10 years ago .......... Our Legal Aid Lawyer asked for it and he said He couldn't find it
 
Tenant Rights below

1. You Have the Right to a Habitable Place to Live
Typically, leases have an “implied warranty of habitability.” What does this mean?

  • “Habitable”means a safe and clean place to live, in compliance with local housing codes.
    • Keeping the rental premises habitable also means that landlords must follow state health and fire codes and maintain common areas.
    • The rental unit must be clean, with toilets, furnaces and windows working.
    • Locks must be on every outside door or doors that lead to a common area.
    • Keeping rental premises habitable includes maintaining the structural safety of the building and weatherproofing.
Putting a Fire Hazard in a house is not safe
What kind of fire hazard are you talking about?

You are free to report the fire hazard to your state's version of the housing authority, but if they deem the situation to be very hazardous, you could find yourself ousted immediately..
 
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