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Updated over 7 years ago on . Most recent reply

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January Keats
  • Piedmont, CA
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Subletter wants ESA dog

January Keats
  • Piedmont, CA
Posted

Hi, I rent. My landlord has a no pet rule. I also sublet two rooms in my apartment with the landlords permission. I have them sign one year leases with no mention of pets. My new sublesee 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 will 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 where I am responsible for the safety of others. Can I legally add addendum to the current lease requiring  she leave the dog outside or in another part of the house while she is gone? Also can I stipulate damages or cleaning fees should something occur? Livingroom, kitchen and bathroom is furnished by me personally. I'm in CA.

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Jeff Bridges
  • Investor
  • Hyattsville, MD
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Jeff Bridges
  • Investor
  • Hyattsville, MD
Replied
Originally posted by @January Keats:

California law recognizes  ESA and service animal as one in the same. Doctor is  legit. Although I will say letter for dog does not match the dog she wants to bring. Is that fraudulent? I think I have to let dog come but I just want to protect my property and sleep. 

 You're subletting, but you are roommates first and foremost. I would consider notifying roommate if you are allergic to dogs and being exposed to dogs negatively affects your health and wellness. Your health takes priority over their desire to have a service animal that they negated to share upon their application for tenancy. Your health concerns will take precedence to whatever demand they think they have to keep animals in the house since this is not a regular lease where they have exclusive use of the entire dwelling. I would offer to let them out of their lease early so they can apply to another rental that they can apply to live with their animal.  You have additional protections afforded to you since you live there too. 

Good luck and stay strong!

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