Perspective Tenant with Service Dog

4 Replies

I would like to know the process of evicting someone who has a service animal. Is that any different than the normal process? Late rent, not pay rent, noise disturbance from excess barking in the building, etc all legit reasons to evict a tenant with service dog? 

p.s. i understand you are not a laywer.  

Thanks in advance!

@Vishal P.

I know you can't discriminate against them but if they are violating the terms of your lease then that is on them.

I believe you follow the normal process of notices and eviction per your local laws. I believe if other than rent issues you have to send them a letter allowing tenant 14 days to cure the issue, but for non payment of rent just treat them like anyone else and start the process to evict them.

@Vishal P. - stick to late payments none payments and other lease violations unrelated to the animal as reasons for eviction. What you are considering 'excessive barking' may be the service animal warning the tenant of a health issue.

I agree with both John and Carol. Keep it by the book, don't mention the barking, and stick with the non-payment. One reason is enough to evict. Service animals are a touchy subject now days so good question. :-)

@Vishal P. - If you are trying to evict anyone, and they have multiple reasons to be evicted, and one of them is non-payment, stick to the non-payment. Having represented myself on lots of evictions back when I did low income, I was always fascinated watching other landlords, and even lawyers handle eviction cases. They got so in the weeds about all these minor issues, that the tenant would then dispute, and the whole time would turn into this big he said she said, and it would drive judges crazy. By sticking to nonpayment, it is the easiest and cleanest way, make sure you have all your documentation and that you sent proper notifications per your local laws. **FYI, not lawyer**