companion dog

companion dog

Investor · San Diego, CA · Member since 2011 · 18 posts · 3 votes

I was driving by one of my properties when I noticed my tenant had a pit bull in her unit of the duplex (spring valley CA). The duplex has a no pet policy.

My property manager gave her a 30 day notice to cure or vacate (should have been 3 day). The tenant (who is section 8) now says this a "companion animal". She is seeking assistance from the "Legal aid society" and presents me with a letter from a doctor that states the following:

"Over the years, she (the tenant) has been somewhat depressed despite the medications I provide for her. Her companionship with her pets are much more important for which reason I am suggesting she take a dog in her residence".

I have read a lot on the the Emotional Support Animal (ESA) and the HUD document that covers it. It does suggest that the tenant must be "disabled" and the ESA must help with that disability.

I am fairly convinced that the letter by the physician does not establish "disability". The doctor is not returning my calls.

Any idea on how to proceed? Or should I fold and just hope for the best. My concern is that should something bad happen with the dog, my insurance company may state that I did not do my due diligence before allowing the dog into the house. I have established the dog was in the unit for at least a month before I spotted it, and the doctor has been suspended twice in the past for malpractice.

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Bedford, NH · Member since 2012 · 2k+ posts · 1k+ votes
12y

For the love of all that is holy, talk to a lawyer before taking the advice to just toss her out. Otherwise, you may not have to worry about managing the property any longer, and she may not have to worry about asking a landlord's permission for anything :).

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  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    12y

    @Account Closed This has nothing to do with Section 8. It is not a reflection on Section 8 tenants or the program. All tenants, whether they are Section 8 or not must be screened thoroughly. And all tenants must be held accountable to the terms of the rental agreement. The Section 8 case manager may be able to assist the landlord in this situation. When a Section 8 tenant gets out of hand and starts breaking the rules of the lease/rental agreement (which by the way rarely ever happens for us) then we contact their case manager. A great motivator for Section 8 tenants to clean up their act is the realization that they could lose their housing subsidy if they don't. They are not allowed to violate terms of the rental agreement.

    @Mahesh K. Send a copy of all legal notices to the Housing Authority case manager and enlist their support. About the other reports from the neighbor; you can't use hearsay. However the hearsay you have heard and your experiences with the dog situation would be enough for me to monitor the property more closely. If you have not done an on site inspection lately, it is time to do one in both units. Be careful not to do anything that would be considered harassment. We do inspections quarterly and more often if we suspect the tenant is breaking one of the terms of our agreement. You have a legitimate need to know how your building is functioning. If you happen to see rental agreement violations while you are there, act on them. This holds true for both tenants. Feel free to message me if you want to talk off line.

  • Investor · Kansas City, MO · Member since 2013 · 465 posts · 170 votes
    12y
    Originally posted by @Mahesh K:
    @Marcia Maynard

    The neighbor (it is a duplex) went on vacation and came back to find the tenant (or her son) had broken his cable box and jumped his cable. Cox has a report but they won't share it with me without the presence of the neighboring tenant.

    The neighbor said they smoke a lot of weed and he can get high just by being around. He won't provide this to me in writing though. He says he doesn't want to go to court. Maybe that is what is causing her be "somewhat depressed".

    The getting high from second hand smoke is ******** he might smell it but unless the neighbor is in a 5x5 room sealed and air tight I'm raising the red flag on this one. However based off his complaint you could inspect the problem tenants property. If you have a 0 tolerance policy and if you notice pot and such you could file for eviction(?) Get with the neighbor tenant and get the report from cox. Above and beyond all that I'd file for eviction with nothing to deal with the dog. Breaking other tenants stuff, and drugs seems like a solid case.

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