Service Dog Question

5 Replies

Hello all! I want to seek advice on a situation I am having in one of my properties in North Carolina.

  • I inherited a tenant in a triplex that we acquired 4 years ago.
  • At some point after we acquired the property, the tenant gets a dog.
  • I advised the tenant that this is against the lease and they said they were just dog sitting.
  • Several weeks ago, I confronted the tenant and they admitted it was their daughter's dog. Their daughter lives with them.
  • I gave them a week to resolve the issue. We thought this was resolved
  • However, my wife discovered they still had the dog. 
  • We sent them a 5-Day Notice to Comply with Lease Agreement
  • When they received the notice, they showed us a document that the dog is a registered service dog. It seemed that they only got this certificate a month ago.

I would appreciate any advice in the situation. 

Research the requirements for a service dog. You need valid proof not just a form they down loaded off the internet.

Your tenants are lying, obviously, otherwise they would have said it was a service dog in the beginning. I would strongly suggest you continue with the eviction for the time being. Push and they will back off.

Although I strongly believe it is not a service dog I do believe you should be getting rid of these tenants. They have no respect for your rules/lease or you. Evict

Is this a service dog or an emotional support animal? Either case, there should be a doctor or registered authority that you can contact to verify the dog has been trained as a service animal or the doctor has registered this animal as an emotional support animal. People buy fake certificates on amazon.com and other places. Valid certificates should have the authorizing agency or doctor for you to contact to verify authenticity. Note, you can’t ask the nature of their disability but you can verify authenticity. 

There was another recent thread about service dogs, and it appears that according to laws/the Americans with Disabilities Act, that a service can be any dog either trained or in training to do special duties. HOWEVER, there is no documentation and you can not legally ask for documentation. Read here:

https://www.ada.gov/regs2010/service_animal_qa.htm...

Basically, even if they didn't show you the document that they already did, all they had to say was it's a service dog and you have to basically leave the issue alone.

305-537-6252

Join the Largest Real Estate Investing Community

Basic membership is free, forever.