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Old 12-05-2017, 09:13 PM   #1
Pro88 NB
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Default My landlord has a no pet rule.

State: California

Hi, I rent. My landlord has a no pet rule. I also sublet two rooms in my apartment with the landlords permission. I them sign one year leases with no mention of pets. My new subleasee is demanding to have an esa dog in the apt after moving in for one month. Sublesee has valid letter from therapist. Do I have any rights? She wants to leave the dog in the house while she is at work. I strongly believe this is negatively impact my work because I am a light sleeper. Room is right next to mine. Any lack of sleep will have a negative impact on my work. Sublesse is gone for 9-10 hours at time and wants to leave dog in her room. Can I legally add addendum to the current lease requiring she leave the dog outside or in another an out house while she is gone? Also stipulate damages or cleaning fees should something occur? I'm in CA.
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Old 12-05-2017, 11:50 PM   #2
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Default Re: My landlord has a no pet rule.

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I them sign one year leases with no mention of pets.
You're screwed.

You cannot deny her the ESA nor can you limit what she does with the ESA.

In fact, you cannot deny her or limit her with ANY pet since your lease with her is already in effect with no mention of pets.

Worse, your mistake puts you between a rock and a hard place with your landlord.

He can't deny her the ESA either but can certainly decline to renew your lease when it comes up.
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Old 12-06-2017, 04:03 AM   #3
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Default Re: My landlord has a no pet rule.

I wish to inform you that a landlord or other housing provider may deny a request to keep a service dog, psychiatric service dog, or support animal in California as a reasonable accommodation if the specific animal - poses a direct threat to the health or safety of others, or would cause substantial physical damage to the property of others. However, if the threat or damage can be reduced or eliminated by another reasonable accommodation, the landlord must allow the animal. Further, the landlord may not require applicants or residents to pay a pet deposit for a service dog, psychiatric service dog, or support animal, even if they do so for other applicants or residents.

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Old 12-08-2017, 08:26 AM   #4
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Default Re: My landlord has a no pet rule.

You could not restrict your tenant to keep the service dog in the apartment. No pet policy is not applicable in cases of service animals as they are considered to be a part of therapy. It is good to talk with your tenant to keep the dog somewhere else when she is out of apartment.
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Old 12-08-2017, 09:21 PM   #5
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Default Re: My landlord has a no pet rule.

Simply having a letter from a therapist does not mean the dog is a duly designated care animal under the ADA. Unless it is documented as being specially trained to perform a special function, no accommodation is necessary absent a state law supplementing Federal Law.
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