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Disabled rental applicant sues landlord for discrimination

Thomas Balielan
Posted Apr 23 2023, 15:27

Hi, fellow rental owners,

Recently got a disabled rental applicant who applied for my house on Zillow. I specifically mentioned on my listing no pets. They also wrote no pets on their application. They are a marine veteran couple who moved from the east coast to California. They were very eager to rent my house. Even though we never meet each other. They only send a relative to my open house to a video showing my house. They have 600+ credit scores and a decent income. They claimed that they can work remotely and live close to their family. So their company on file is in Maryland. Once I send them the lease contract to sign, the guy finally told me he actually has a service dog because he is disabled at the last moment before he sign the lease, and asked if I can change my contract since I wrote no pets on my contract. 

I have a bad feeling. It is very obvious that they used a trick to set me up. Because both my listing and their application indicate no pets. I declined their application and canceled the lease signing. He got mad right away. He said I discriminate against a disabled veteran. His service dog is not a pet and he doesn't have to mention that. Now he is threatening me with a fair housing lawsuit.

Does anyone have a similar experience? The fair housing department can't just take his word for this. They need to have evidence to prove that. I didn't even ask about his disability and gave him the lease to sign after he shows me his disability income from the military. I just don't like that he hid the dog's information till the last moment. He planned this and clearly knows what he is doing.

Now I rented my rental to another family with no animals and a better credit score.

What should I prepare if the fair housing department reaches out to me later?

Thank you all.

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Jon Q.
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Jon Q.
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Replied Apr 25 2023, 21:50
Quote from @James Hamling:
Quote from @Jon Q.:
Quote from @James Hamling:
Quote from @Greg M.:
Quote from @James Hamling:
So yeah, that means calling this disabled veteran, leaping on your sword, saying your an ignorant moron who really F'd up and just was being dumb, but please-please-please is there anyway you can try to help make things right INCLUDING trying to help find them another place.  

NOOOOO!!!! Do not ever admit guilt outside of a binding agreement that concludes the situation. If he admits guilt and the guy sues or files a complaint, he has killed his defense options. 

Safest thing to do is stop communicating with the other person. If he must talk to them, "Sorry there was some confusion on your part about a service animal needed to be approved by me and written into the lease. For future reference, this is legally unnecessary. Should I have another vacancy, I'm happy to keep your application on file". Done!

If this post is an accurate record of what he did, he has no defense, none. he approved then yanked that for the service animal..... and leased to someone else.... he's got no defense. And from what I can tell he actually said it was due to the service animal so, yeah, it's done, he's F'd, all he has is the guy not taking actions. 

By law there is no need or requirement to write a Service Animal into lease, so I get where your coming from I just don't think a campaign of lies is going to help him, if anything it shows acknowledgment of violation AND disregard for that violation. If he apologizes it at least shows good intent, and right now all he has is that, to show he ignorantly made a mistake. 
Lies only compound problems. 


 I don’t agree.

End all communication with the person. Never admit guilt and it doesn’t matter anyway.  What he says can be used against him.  It’s very likely they’ll be no lawsuit.


 Your saying some VERY wrong things in this post, showing you clearly do not have full knowledge of what your talking about. A Fair Housing violation costs $0.00 to file, there is no cost for the legal action. Not to mention the LOOOOooong list of disabled veterans groups happy to help on experiencing any form of discrimination in housing. 

If you don't know the laws and regulations, please DON'T fake it. 


REALLY? What specifically did I say that was “wrong”?

In case you’re wondering, I’ve attended law school and am a broker in 3 states.

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James Hamling#3 Real Estate News & Current Events Contributor
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James Hamling#3 Real Estate News & Current Events Contributor
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Replied Apr 25 2023, 23:05
Quote from @Jon Q.:
Quote from @James Hamling:
Quote from @Jon Q.:
Quote from @James Hamling:
Quote from @Greg M.:
Quote from @James Hamling:
So yeah, that means calling this disabled veteran, leaping on your sword, saying your an ignorant moron who really F'd up and just was being dumb, but please-please-please is there anyway you can try to help make things right INCLUDING trying to help find them another place.  

NOOOOO!!!! Do not ever admit guilt outside of a binding agreement that concludes the situation. If he admits guilt and the guy sues or files a complaint, he has killed his defense options. 

Safest thing to do is stop communicating with the other person. If he must talk to them, "Sorry there was some confusion on your part about a service animal needed to be approved by me and written into the lease. For future reference, this is legally unnecessary. Should I have another vacancy, I'm happy to keep your application on file". Done!

If this post is an accurate record of what he did, he has no defense, none. he approved then yanked that for the service animal..... and leased to someone else.... he's got no defense. And from what I can tell he actually said it was due to the service animal so, yeah, it's done, he's F'd, all he has is the guy not taking actions. 

By law there is no need or requirement to write a Service Animal into lease, so I get where your coming from I just don't think a campaign of lies is going to help him, if anything it shows acknowledgment of violation AND disregard for that violation. If he apologizes it at least shows good intent, and right now all he has is that, to show he ignorantly made a mistake. 
Lies only compound problems. 


 I don’t agree.

End all communication with the person. Never admit guilt and it doesn’t matter anyway.  What he says can be used against him.  It’s very likely they’ll be no lawsuit.


 Your saying some VERY wrong things in this post, showing you clearly do not have full knowledge of what your talking about. A Fair Housing violation costs $0.00 to file, there is no cost for the legal action. Not to mention the LOOOOooong list of disabled veterans groups happy to help on experiencing any form of discrimination in housing. 

If you don't know the laws and regulations, please DON'T fake it. 


REALLY? What specifically did I say that was “wrong”?

In case you’re wondering, I’ve attended law school and am a broker in 3 states.


 And yet you don't have the most basic understandings of Fair Housing regulations, for whatever reason think it involves a civil suite process, and encourage persons to simply ignore fair housing violations, just ignore them, yup.......    Your advice to O.P. was to lie through the teeth, ignore everything and lie. So, yeah, I believe your a liar, and most likely gave the advice by which you live your life; ignore and lie. And given the wildly incorrect statements on a very basic universally known thing by all ACTUAL brokers, yeah sorry Bud, not buying that load of prairie frisbees. 

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Jon Q.
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Jon Q.
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Replied Apr 25 2023, 23:51

What are you talking about?

I asked you specifically what I’m “wrong about”?  You haven’t responded.

And your comment about me not understanding fair housing law is wrong.

I think you thought some other guys comment above was written by me.   Before you assume, I really suggest that you read what I ACTUALLY wrote. 😆

In addition, I don’t appreciate the tone of your response.  HOW you communicate is equally as important as WHAT you communicate.  Some professional you are!

Good luck to you.

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Jon Q.
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Jon Q.
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Replied Apr 26 2023, 00:04
Quote from @James Hamling:
Quote from @Jon Q.:
Quote from @James Hamling:
Quote from @Jon Q.:
Quote from @James Hamling:
Quote from @Greg M.:
Quote from @James Hamling:
So yeah, that means calling this disabled veteran, leaping on your sword, saying your an ignorant moron who really F'd up and just was being dumb, but please-please-please is there anyway you can try to help make things right INCLUDING trying to help find them another place.  

NOOOOO!!!! Do not ever admit guilt outside of a binding agreement that concludes the situation. If he admits guilt and the guy sues or files a complaint, he has killed his defense options. 

Safest thing to do is stop communicating with the other person. If he must talk to them, "Sorry there was some confusion on your part about a service animal needed to be approved by me and written into the lease. For future reference, this is legally unnecessary. Should I have another vacancy, I'm happy to keep your application on file". Done!

If this post is an accurate record of what he did, he has no defense, none. he approved then yanked that for the service animal..... and leased to someone else.... he's got no defense. And from what I can tell he actually said it was due to the service animal so, yeah, it's done, he's F'd, all he has is the guy not taking actions. 

By law there is no need or requirement to write a Service Animal into lease, so I get where your coming from I just don't think a campaign of lies is going to help him, if anything it shows acknowledgment of violation AND disregard for that violation. If he apologizes it at least shows good intent, and right now all he has is that, to show he ignorantly made a mistake. 
Lies only compound problems. 


 I don’t agree.

End all communication with the person. Never admit guilt and it doesn’t matter anyway.  What he says can be used against him.  It’s very likely they’ll be no lawsuit.


 Your saying some VERY wrong things in this post, showing you clearly do not have full knowledge of what your talking about. A Fair Housing violation costs $0.00 to file, there is no cost for the legal action. Not to mention the LOOOOooong list of disabled veterans groups happy to help on experiencing any form of discrimination in housing. 

If you don't know the laws and regulations, please DON'T fake it. 


REALLY? What specifically did I say that was “wrong”?

In case you’re wondering, I’ve attended law school and am a broker in 3 states.


 And yet you don't have the most basic understandings of Fair Housing regulations, for whatever reason think it involves a civil suite process, and encourage persons to simply ignore fair housing violations, just ignore them, yup.......    Your advice to O.P. was to lie through the teeth, ignore everything and lie. So, yeah, I believe you’re a liar, and most likely gave the advice by which you live your life; ignore and lie. And given the wildly incorrect statements on a very basic universally known thing by all ACTUAL brokers, yeah sorry Bud, not buying that load of prairie frisbees. 

James,

To be clear, this was my response to the posted comment:

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James Hamling#3 Real Estate News & Current Events Contributor
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James Hamling#3 Real Estate News & Current Events Contributor
  • Real Estate Broker
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Replied Apr 26 2023, 07:28
Quote from @Jon Q.:
Quote from @James Hamling:
Quote from @Jon Q.:
Quote from @James Hamling:
Quote from @Jon Q.:
Quote from @James Hamling:
Quote from @Greg M.:
Quote from @James Hamling:
So yeah, that means calling this disabled veteran, leaping on your sword, saying your an ignorant moron who really F'd up and just was being dumb, but please-please-please is there anyway you can try to help make things right INCLUDING trying to help find them another place.  

NOOOOO!!!! Do not ever admit guilt outside of a binding agreement that concludes the situation. If he admits guilt and the guy sues or files a complaint, he has killed his defense options. 

Safest thing to do is stop communicating with the other person. If he must talk to them, "Sorry there was some confusion on your part about a service animal needed to be approved by me and written into the lease. For future reference, this is legally unnecessary. Should I have another vacancy, I'm happy to keep your application on file". Done!

If this post is an accurate record of what he did, he has no defense, none. he approved then yanked that for the service animal..... and leased to someone else.... he's got no defense. And from what I can tell he actually said it was due to the service animal so, yeah, it's done, he's F'd, all he has is the guy not taking actions. 

By law there is no need or requirement to write a Service Animal into lease, so I get where your coming from I just don't think a campaign of lies is going to help him, if anything it shows acknowledgment of violation AND disregard for that violation. If he apologizes it at least shows good intent, and right now all he has is that, to show he ignorantly made a mistake. 
Lies only compound problems. 


 I don’t agree.

End all communication with the person. Never admit guilt and it doesn’t matter anyway.  What he says can be used against him.  It’s very likely they’ll be no lawsuit.


 Your saying some VERY wrong things in this post, showing you clearly do not have full knowledge of what your talking about. A Fair Housing violation costs $0.00 to file, there is no cost for the legal action. Not to mention the LOOOOooong list of disabled veterans groups happy to help on experiencing any form of discrimination in housing. 

If you don't know the laws and regulations, please DON'T fake it. 


REALLY? What specifically did I say that was “wrong”?

In case you’re wondering, I’ve attended law school and am a broker in 3 states.


 And yet you don't have the most basic understandings of Fair Housing regulations, for whatever reason think it involves a civil suite process, and encourage persons to simply ignore fair housing violations, just ignore them, yup.......    Your advice to O.P. was to lie through the teeth, ignore everything and lie. So, yeah, I believe you’re a liar, and most likely gave the advice by which you live your life; ignore and lie. And given the wildly incorrect statements on a very basic universally known thing by all ACTUAL brokers, yeah sorry Bud, not buying that load of prairie frisbees. 

James,

To be clear, this was my response to the posted comment:


 It's all listed above, you said: 

"Safest thing to do is stop communicating with the other person. If he must talk to them, "Sorry there was some confusion on your part about a service animal needed to be approved by me and written into the lease. For future reference, this is legally unnecessary. Should I have another vacancy, I'm happy to keep your application on file". Done!"       

That is telling him to lie, to deal with this. 

Then you said: 
"End all communication with the person. Never admit guilt and it doesn’t matter anyway. What he says can be used against him. It’s very likely they’ll be no lawsuit."       Doubling down on the original direction of avoidance and BS one's way through issues AND introducing this lawsuit notion. 

As well in other postings expounding on how your betting the applicant won't want to "spend the $ for a lawsuit" which is again, not how the process works for Fair Housing violations. 

But hey, I give you credit for consistency because here we are and your doing exactly as you advised when faced with something, deny and BS your way through, so at least your consistent and practice what you preach.

Fair Housing violations are not handled via a person experiencing such having to file suite. And when so blatantly one has violated Fair Housing, and is caught dead to rights including documented, yeah, if smart they better get ahead of that with TRUTH, accountability and at least TRY to mitigate things in hopes of staving off the filling of complaint. Good faith efforts are all one has for hopes at that point. 


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Chad McMahan
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Chad McMahan
  • Residential Real Estate Broker
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Replied Apr 26 2023, 08:15
Quote from @Thomas Balielan:

Hi, fellow rental owners,

Recently got a disabled rental applicant who applied for my house on Zillow. I specifically mentioned on my listing no pets. They also wrote no pets on their application. They are a marine veteran couple who moved from the east coast to California. They were very eager to rent my house. Even though we never meet each other. They only send a relative to my open house to a video showing my house. They have 600+ credit scores and a decent income. They claimed that they can work remotely and live close to their family. So their company on file is in Maryland. Once I send them the lease contract to sign, the guy finally told me he actually has a service dog because he is disabled at the last moment before he sign the lease, and asked if I can change my contract since I wrote no pets on my contract. 

I have a bad feeling. It is very obvious that they used a trick to set me up. Because both my listing and their application indicate no pets. I declined their application and canceled the lease signing. He got mad right away. He said I discriminate against a disabled veteran. His service dog is not a pet and he doesn't have to mention that. Now he is threatening me with a fair housing lawsuit.

Does anyone have a similar experience? The fair housing department can't just take his word for this. They need to have evidence to prove that. I didn't even ask about his disability and gave him the lease to sign after he shows me his disability income from the military. I just don't like that he hid the dog's information till the last moment. He planned this and clearly knows what he is doing.

Now I rented my rental to another family with no animals and a better credit score.

What should I prepare if the fair housing department reaches out to me later?

Thank you all.

Thomas,
If you haven't already done so, consult with an attorney. We live in a attorney-swarmed time when lawsuits like this are often portrayed as David and Goliath- and unfortunately, right or wrong, you would be portrayed as Goliath, and the veteran would likely play the role of the poor abused military hero victim. Frightening stuff. You might be fine- but you might not be, and I'm a bit concerned for you- here is why.

According to the FHA, emotional support animals and many assistance animals fall outside the normal definition of "pets", and can be excluded from putting "no pets" on a lease agreement.

ASAP- Consult with a paid attorney that works regularly with lease agreements and sort it out-  at least be prepared with a plan, if this goes South. 

Realty One Group Mountain Desert Logo

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Replied Apr 26 2023, 08:35

Don't make a mountain out of a mole hill.

The prospective tenants, whom you never met and never toured the property, ask that you modify your lease. You said no and moved onto the next tenant.

My question is: if this is a "service dog", why was he so interested in modifying the "pets" clause? As someone who sounds so versed in the law, he would know this does not apply to him. "Fill out the lease as instructed and send it back to me", you don't have time for silly games, you have a business to run.

Good luck

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Jay Thomas
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Jay Thomas
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Replied Apr 26 2023, 08:42

Unfortunately, in the world of real estate, it's not always that straightforward. Service animals are legally required to be accepted by landlords, so if this tenant had a valid one and he didn't disclose it before hand, you felt that rescinding your approval was the only possible option. Unfortunately for him, this is exactly why he needed to tell you about his service animal. While there are plenty of places out there that allow dogs and other assistance animals, it doesn't change the fact that you were put in an unfair position. The best argument you have is that while the dog was not a pet and was in fact a medical device, your decision to decline his application wasn't based on that but rather on him failing to provide full disclosure of his circumstances. It's a tricky situation, but with the right knowledge and understanding of the law, it can be navigated successfully.

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Sherief Elbassuoni
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Sherief Elbassuoni
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Replied Apr 26 2023, 10:42

I will not worry a lot. 

They did something different than what they put in the rent application.

Make sure to keep good documentation with dates for all paperwork

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Thomas Balielan
Replied Apr 26 2023, 10:46
Quote from @Jay C.:

If this is in San Francisco let me know I know a great attorney and u will likely need one. No doubt this isn’t the tenants first rodeo with such matters. As a few others have mentioned I would work it out with them stat.


Unfortunately, I am not in the San Francisco area. But I still wonder if your great attorney could give me a referral to other great attorneys who can take care of my trouble. Thank you so much.

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Thomas Balielan
Replied Apr 26 2023, 10:50
Quote from @Jon Q.:
Quote from @Matt Bishop:

@Thomas Balielan, sounds like this whole situation would have never happened to you if you had a professional property manager. Is there a reason you are trying to perform the services of a skilled, seasoned manager? If you had purchased a thoroughbred race horse, wouldn't you hire a professional jockey, trainer, veterinarian if you expect to beat the competition?

I know you are investing to win. Your team of professionals will help you be successful and if you choose the right people, you will be very successful and enjoy the benefits.

That IS NOT true.  “Professional property managers” are not experts in the law. I attended law school, am a broker in three states and have had experiences with property managers across the country before I built a strategy where I self manage all my properties.

 Hope you have a website or book to teach other landlords to self-managing their properties.

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James Hamling#3 Real Estate News & Current Events Contributor
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James Hamling#3 Real Estate News & Current Events Contributor
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Replied Apr 26 2023, 12:35
Quote from @Thomas Balielan:
Quote from @Jon Q.:
Quote from @Matt Bishop:

@Thomas Balielan, sounds like this whole situation would have never happened to you if you had a professional property manager. Is there a reason you are trying to perform the services of a skilled, seasoned manager? If you had purchased a thoroughbred race horse, wouldn't you hire a professional jockey, trainer, veterinarian if you expect to beat the competition?

I know you are investing to win. Your team of professionals will help you be successful and if you choose the right people, you will be very successful and enjoy the benefits.

That IS NOT true.  “Professional property managers” are not experts in the law. I attended law school, am a broker in three states and have had experiences with property managers across the country before I built a strategy where I self manage all my properties.

 Hope you have a website or book to teach other landlords to self-managing their properties.


 This Jon guy is something else, I've never seen anyone so aggressive in being so WRONG and clueless. The applicable law is EXACTLY what Property Managers ARE experts at (a) knowing (b) navigating and in (c) compliance there of.     Literally half the exam for brokers license IS LAW. The continuing ed has applicable law components.  

And why would a Property Management Professional need to have a book / website to teach others how to SELF-manage, it was advocating the use of Professionals, specifically, not some DIY-Edu. 

Those whole thread has become drunk on stupid-punch. It seems facts and reality are not-welcome. Good luck Tom, let us know how the fines work out. 

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Jon Q.
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Jon Q.
  • Investor
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Replied Apr 26 2023, 13:26
Quote from @James Hamling:
Quote from @Thomas Balielan:
Quote from @Jon Q.:
Quote from @Matt Bishop:

@Thomas Balielan, sounds like this whole situation would have never happened to you if you had a professional property manager. Is there a reason you are trying to perform the services of a skilled, seasoned manager? If you had purchased a thoroughbred race horse, wouldn't you hire a professional jockey, trainer, veterinarian if you expect to beat the competition?

I know you are investing to win. Your team of professionals will help you be successful and if you choose the right people, you will be very successful and enjoy the benefits.

That IS NOT true.  “Professional property managers” are not experts in the law. I attended law school, am a broker in three states and have had experiences with property managers across the country before I built a strategy where I self manage all my properties.

 Hope you have a website or book to teach other landlords to self-managing their properties.


 This Jon guy is something else, I've never seen anyone so aggressive in being so WRONG and clueless. The applicable law is EXACTLY what Property Managers ARE experts at (a) knowing (b) navigating and in (c) compliance there of.     Literally half the exam for brokers license IS LAW. The continuing ed has applicable law components.  

And why would a Property Management Professional need to have a book / website to teach others how to SELF-manage, it was advocating the use of Professionals, specifically, not some DIY-Edu. 

Those whole thread has become drunk on stupid-punch. It seems facts and reality are not-welcome. Good luck Tom, let us know how the fines work out. 

😆
I don’t sell books, tapes or bs like you do.
But thx.

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Jon Q.
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Jon Q.
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Replied Apr 26 2023, 13:27
Quote from @Thomas Balielan:
Quote from @Jon Q.:
Quote from @Matt Bishop:

@Thomas Balielan, sounds like this whole situation would have never happened to you if you had a professional property manager. Is there a reason you are trying to perform the services of a skilled, seasoned manager? If you had purchased a thoroughbred race horse, wouldn't you hire a professional jockey, trainer, veterinarian if you expect to beat the competition?

I know you are investing to win. Your team of professionals will help you be successful and if you choose the right people, you will be very successful and enjoy the benefits.

That IS NOT true.  “Professional property managers” are not experts in the law. I attended law school, am a broker in three states and have had experiences with property managers across the country before I built a strategy where I self manage all my properties.

 Hope you have a website or book to teach other landlords to self-managing their properties.

I don’t sell books or tapes or provide property management services to anyone else.  We property manage our own portfolio nationally.

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Jon Q.
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Jon Q.
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Replied Apr 26 2023, 13:29
Quote from @James Hamling:
Quote from @Thomas Balielan:
Quote from @Jon Q.:
Quote from @Matt Bishop:

@Thomas Balielan, sounds like this whole situation would have never happened to you if you had a professional property manager. Is there a reason you are trying to perform the services of a skilled, seasoned manager? If you had purchased a thoroughbred race horse, wouldn't you hire a professional jockey, trainer, veterinarian if you expect to beat the competition?

I know you are investing to win. Your team of professionals will help you be successful and if you choose the right people, you will be very successful and enjoy the benefits.

That IS NOT true.  “Professional property managers” are not experts in the law. I attended law school, am a broker in three states and have had experiences with property managers across the country before I built a strategy where I self manage all my properties.

 Hope you have a website or book to teach other landlords to self-managing their properties.


 This Jon guy is something else, I've never seen anyone so aggressive in being so WRONG and clueless. The applicable law is EXACTLY what Property Managers ARE experts at (a) knowing (b) navigating and in (c) compliance there of.     Literally half the exam for brokers license IS LAW. The continuing ed has applicable law components.  

And why would a Property Management Professional need to have a book / website to teach others how to SELF-manage, it was advocating the use of Professionals, specifically, not some DIY-Edu. 

Those whole thread has become drunk on stupid-punch. It seems facts and reality are not-welcome. Good luck Tom, let us know how the fines work out. 

You’re clearly no “professional” nor experienced.  Instead of actually respond to my comment, out of desperation, you resort to name calling and rude comments.  Going forward, you’ll be ignored.

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James Hamling#3 Real Estate News & Current Events Contributor
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James Hamling#3 Real Estate News & Current Events Contributor
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Replied Apr 26 2023, 13:54
Quote from @Jon Q.:
Quote from @James Hamling:
Quote from @Thomas Balielan:
Quote from @Jon Q.:
Quote from @Matt Bishop:

@Thomas Balielan, sounds like this whole situation would have never happened to you if you had a professional property manager. Is there a reason you are trying to perform the services of a skilled, seasoned manager? If you had purchased a thoroughbred race horse, wouldn't you hire a professional jockey, trainer, veterinarian if you expect to beat the competition?

I know you are investing to win. Your team of professionals will help you be successful and if you choose the right people, you will be very successful and enjoy the benefits.

That IS NOT true.  “Professional property managers” are not experts in the law. I attended law school, am a broker in three states and have had experiences with property managers across the country before I built a strategy where I self manage all my properties.

 Hope you have a website or book to teach other landlords to self-managing their properties.


 This Jon guy is something else, I've never seen anyone so aggressive in being so WRONG and clueless. The applicable law is EXACTLY what Property Managers ARE experts at (a) knowing (b) navigating and in (c) compliance there of.     Literally half the exam for brokers license IS LAW. The continuing ed has applicable law components.  

And why would a Property Management Professional need to have a book / website to teach others how to SELF-manage, it was advocating the use of Professionals, specifically, not some DIY-Edu. 

Those whole thread has become drunk on stupid-punch. It seems facts and reality are not-welcome. Good luck Tom, let us know how the fines work out. 

😆
I don’t sell books, tapes or bs like you do.
But thx.

Lol, so now I sell books and tapes........

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Replied Apr 26 2023, 13:57

It would be nice if this topic didn't get locked so the OP could come back and update us on how he never heard back from service dog veteran dude again.

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Jon Q.
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Jon Q.
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Replied Apr 26 2023, 13:58

No, it’s just that your “reality” is not welcome.  I’ve worked with many property management “professionals” like you over the last 25 years (fyi: longer than you’ve been in real estate) and the vast majority cannot and should not be trusted.  The majority, especially those managing single family, extract money from owners by overcharging for maintenance and don’t care about finding high quality tenants for investors.   They care more about their own commission than being of service. I’ve found this to be the case nationally in all markets that i operate in, that’s 8 cities across 5 states.  

I’ve seen your kind before, and as I’ll do now, I ignore them.. They’re leeches, not worth my time or energy.

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Replied Apr 26 2023, 14:05

I would concentrate on proving that he asked you to change the contract because it said “no pets.” As others have said, and as he said after the cancellation, service dogs aren’t pets. So why then, did he want to change the contract? Either the service dog wasn’t a service dog OR it was being used as “cover” to bring in additional beasts that were pets. 

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Jon Q.
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Jon Q.
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Replied Apr 26 2023, 14:22
Quote from @John Clark:

I would concentrate on proving that he asked you to change the contract because it said “no pets.” As others have said, and as he said after the cancellation, service dogs aren’t pets. So why then, did he want to change the contract? Either the service dog wasn’t a service dog OR it was being used as “cover” to bring in additional beasts that were pets. 

Yes John. But the problem is that the more he does at this point, the more can be used against him… if this goes to court.

it is legally best that he severs all contact with that person.  And if, in the future, he needs legal representation, seek it.

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Thomas Balielan
Replied Apr 26 2023, 15:25
Quote from @Jon Q.:
Quote from @John Clark:

I would concentrate on proving that he asked you to change the contract because it said “no pets.” As others have said, and as he said after the cancellation, service dogs aren’t pets. So why then, did he want to change the contract? Either the service dog wasn’t a service dog OR it was being used as “cover” to bring in additional beasts that were pets. 

Yes John. But the problem is that the more he does at this point, the more can be used against him… if this goes to court.

it is legally best that he severs all contact with that person.  And if, in the future, he needs legal representation, seek it.


Thank you for your advice, sir. I searched online for an attorney to represent the landlord in a fair housing lawsuit. But there are not that many. Many of them are eviction lawyers. 

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Replied Apr 26 2023, 15:39
Quote from @Jon Q.:
Quote from @John Clark:

I would concentrate on proving that he asked you to change the contract because it said “no pets.” As others have said, and as he said after the cancellation, service dogs aren’t pets. So why then, did he want to change the contract? Either the service dog wasn’t a service dog OR it was being used as “cover” to bring in additional beasts that were pets. 

Yes John. But the problem is that the more he does at this point, the more can be used against him… if this goes to court.

it is legally best that he severs all contact with that person.  And if, in the future, he needs legal representation, seek it.


 I agree and you notice I never said to contact the man just concentrate on his evidence that the man wanted to change the pets clause, which is irrelevant to service animals. 

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Jon Q.
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Jon Q.
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Replied Apr 26 2023, 17:38
Quote from @Thomas Balielan:
Quote from @Jon Q.:
Quote from @John Clark:

I would concentrate on proving that he asked you to change the contract because it said “no pets.” As others have said, and as he said after the cancellation, service dogs aren’t pets. So why then, did he want to change the contract? Either the service dog wasn’t a service dog OR it was being used as “cover” to bring in additional beasts that were pets. 

Yes John. But the problem is that the more he does at this point, the more can be used against him… if this goes to court.

it is legally best that he severs all contact with that person.  And if, in the future, he needs legal representation, seek it.


Thank you for your advice, sir. I searched online for an attorney to represent the landlord in a fair housing lawsuit. But there are not that many. Many of them are eviction lawyers. 

If you need one, seek a lawyer that has expertise in real estate.  If you find one, it’s likely they have experience representing landlords, but confirm it. 

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Replied Apr 26 2023, 17:58
Quote from @Thomas Balielan:

Once I send them the lease contract to sign, the guy finally told me he actually has a service dog because he is disabled at the last moment before he sign the lease, and asked if I can change my contract since I wrote no pets on my contract. 

Let's ease up a bit, guys. Overall it looks like we're in agreement and repeating the same information anyway. 

@Thomas Balielan

1) Yes, we all agree a service animal is not a pet. However, I'm siding the marine on this one. If I had a service animal and an application said "pet" , I would be hesitant to check yes because it's not a pet. But I would have called to ask either before or right after filling out the the application. If waited and I got a lease that said "no pets", I would have panicked and called like he did. 

As @James Hamling posted, a service dog is not a therapy or emotional support dog. Its a intensely trained golden retriever, lab, or german shepard. It won't mess up the house so I wouldn't recommend turning them down in the future. If it was possible, I'd rent to a service dog before I rent to some people.

2) When the marine mentioned "when I have an episode", they were most likely referring to PTSD episode. 

https://www.dav.org/get-help-n...

https://sitstay.com/blogs/good...


From the above site:
Some of these service dogs are trained to calm anxiety through exercises to either get their companion away from any triggers or calm their companion during an episode. Others are trained to prevent crowding around their companion or to follow routine reminders for their companion every day.

To think what that marine must have when through to the point where a service dog is needed is cringe inducing. 


3) If you used your real name on here, that is dangerous. I just googled "Thomas Balielan" and all your posts from bigger pockets came up. If you are sued, they will use what you said here. Based on your posts, you're going to be in trouble.

4) I don't think he will sue and they will just move on. But to be safe I strongly recommend calling an attorney ASAP. They offer free 30 min consultations. Let the attorney speak for you in trial if you are subpoenaed.

5) Change your application and lease template to handle this use case i.e., no animals as suggested but stay within the law!. As several folks mentioned, read up on the laws based on the links they posted. You don't want to be in a worse situation.