Can I get a tenant out if I’ve rented to them without a service dog and then all of a sudden they have a dog?
3 attorney answers
If the tenancy is without a lease, and has no specific duration, you can terminate the tenancy (dog or no) with 15 days written notice (i.e., prior to end of the month). Hope this helps. gsg
Responses provided herein are merely commentary on the question posed. They are NOT intended as legal advice, nor to be relied upon by anyone, for any reason, nor to create an attorney-client relationship between you and I; and all askers should consult an attorney for advice regarding each individual matter, since each case is a bit different, and not all information is typically recited in the online question as posted. PLEASE do not contact me directly; I am NOT accepting new clients at this time, and only volunteer here on AVVO to "give back" after a long and rewarding career. Good luck!
If its a legitimate service dog - nope. They are not pets and you would run afoul of the ADA.
DISCLAIMER STATEMENT FOR ANYONE READING THIS BLOG OR QUESTION POSTERS ON AVVO: The response to questions posted on facebook which are responses to questions submitted by anonymous persons on AVVO are in no way intended to establish any form of attorney-client relationship with either the anonymous AVVO question posters no or any social media medium nor should they rely on this information in any pending nor potential legal matter. The responses given are deemed as responses to general questions and fact scenarios posed as an educational exercise only, should in no way be deemed legal advice provided to any persons regardless of when in which the author is licensed to practice law nor to be viewed as a solicitation of clients. Further any comments posted should not be deemed as psychological counseling, or psychological advice for which this author is in no way qualified to provide nor should any reader rely on any such information without first seeking advice from a qualified professional, licensed in the state of the reader’s residence from a licensed qualified psychiatrist, psychologist, mental health employee, licensed clinical social worker, marriage counselor or other persons licensed by their respective state to provide mental health advice. To the best of the author’s knowledge the questions may well be generated for illustrative purposes only and not necessarily posted from real persons seeking legal advice. This response is not intended to be legal advice and is offered as general educational information only and should not be relied upon by any individual as legal advice. For legal advice you should employ the services of a qualified experienced lawyer depending on the nature of your question in the jurisdiction where your matter is or will be pending. The hiring of an attorney is a serious matter and you should not merely rely upon advertisement nor casual inquiry for such.
A landlord may not refuse to reasonably accommodate a service dog under the Americans with Disabilities Act or an emotional support animal (sometimes called an assistance animal) under the Fair Housing Act. The FHA does cover a broad range of housing but there are a few exceptions. You can familiarize yourself with this issue by doing internet research. If you think you have grounds to refuse the purported service animal, it would be wise to consult with an attorney to ensure you proceed in the correct fashion as violations of the FHA can be reported to HUD for investigation and have resulted in very large awards against recalcitrant landlords including for the tenant's attorneys fees.
Any answer provided on the AVVO website is for informational purposes only and does not constitute legal advice for your specific situation. You should always seek legal advice before taking any action which may affect your future rights. Your local legal aid office may well provide information or access to free legal advice and your state bar organization may provide referrals to reputable attorneys who will provide advice on a reduced cost basis.