All Forum Posts by: Thomas Balielan

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.

0 Votes

Riverside, California

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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Riverside, California

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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Riverside, California

Quote from @Jay Thomas:

It's important to remember that when it comes to real estate, service animals are not considered pets - they're working animals and must be respected as such. Clearly communicate this point to the renter, since hiding or trying to circumvent laws governing access for people with disabilities is illegal. Remind them that the original contract was valid, stating "no pets", and you have been clear in understanding that a service animal is not a pet. If the renter has failed to provide all necessary documentation on time, apologize but explain that due to high demand in California there are often others waiting who can complete everything immediately. Maintain a polite but firm tone throughout this difficult situation.

Thank you so much for your advice, sir.

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Riverside, California

Quote from @Alan Grobmeier:

Fwiw, I never rent to ppl that I don’t meet in person at the house. I want to make sure the house is what they want & where they want. I also possess a great ‘bs’ detector. ;-)

Thank you for your advice. Do you mind sharing your great BS detector? Thank you

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Riverside, California

Quote from @Jon Q.:

Quote from @Lewyt McGrath:

From what I’ve gathered most tenants are all bark. I’d be surprised if he followed up with that.

Yes, likely. And often suing isn’t worth the time, but there are those city renter departments that will sue landlords for free to “protect” tenants.

Does the tenant have to pay for the lawsuit? I thought this type of tenant can extort the landlord for free. I don't think the lawsuit cost him any money. I also think he had done this to several other landlords before.

0 Votes

Riverside, California

Quote from @Jon Q.:

Quote from @James Hamling:

Quote from @Thomas Balielan:

Quote from @Nathan Gesner:

Quote from @Thomas Balielan:

Personally, I would cut all communication with this individual. There's very little chance they'll file a complaint and very little chance they would win even if they did.

He is required to disclose the animal. He has to make a request for a "reasonable accommodation" and then you have the right to verify his disability and that the animal was prescribed to help with that disability.

By the way, you need to figure out if Fair Housing even applies to you: https://www.equalhousing.org/f...

If you are exempt, you can put these types of complaints to bed immediately.

Thank you for replying. I think this applicant planned to set me up for this. He clearly knows what he is doing. Now I don't even think he really wants to rent my house. He just wants my money. But he did threaten me with a lawsuit to force me to sign the contract with him. I bet he has other agendas once they move into my house later. If filing a complaint to the FHA is free, I can't see a reason he won't do that. What makes you think they have very little chance wonld win this case? Cause some people here thinks I am F*ed. LOL

You already lost, that's why you will loose, your documented in this, you approved then denied based solely on the service animal, DONE.

Feel free to fight it, I only ask that you come back and let us know what all the fines totaled and how much time they gave you to pay. Serious question, I don't know anyone who's ever gotten themselves into such a pickle. But I have heard the reports of how many they fined and nailed on such.

The applicant pulled a bait and switch. Unethical and I wouldn’t want nor trust such a tenant. I would have found another way to deny his application. I’m sure this guy used this technique before to get his dog into the property.

Now I think, they are very suspicious. They contacted me on Zillow before they came to California. The woman is very eager to sign the lease contract with me before even seeing my house. They never come to the house. We never meet each other. The guy plays the bait and switch at the last moment. I have a bad feeling. If I let them into my house, they will give me bigger troubles later.

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Riverside, California

Quote from @Jon Q.:

Quote from @James Hamling:

Quote from @Greg M.:

Quote from @James Hamling:

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.

I stop talking to him after he threatened me with a lawsuit. If he thinks his dog is not a pet, why did he even bother to ask me to change the lease contract? He can just sign it and move into the house. I can't do anything about it later.

0 Votes

Riverside, California

Quote from @Nathan Gesner:

Quote from @Thomas Balielan:

1. Some people are scared of their own shadows. Any time they are threatened with a lawsuit, their butt puckers and they collapse to the ground. They don't understand that 99% of threats are just that: threats.

2. You can't be successfully sued for rejecting a service animal when the request for accommodation was never made. Let's pretend it goes to court. The judge will ask for his story and he will claim you rejected his service animal. Your response would be, "Your honor, I have no record of him requesting a reasonable accommodation for a service animal. How can I be guilty of rejecting something that was never requested?" The judge will ask him if he requested a reasonable accommodation and the guy will mumble this or that, but he will have no evidence. The burden of proof is on him, not you.

Thank you for your advice. He never mention his dog until I approve his application and sent him the lease contract. Then he finally told me he actually live with a service animal and asked me to change the contract pet clause. I canceled the signing. No one signs the lease contract. He then accused me of discrimination.

0 Votes

Riverside, California

Quote from @Nathan Gesner:

Quote from @Thomas Balielan:

Personally, I would cut all communication with this individual. There's very little chance they'll file a complaint and very little chance they would win even if they did.

By the way, you need to figure out if Fair Housing even applies to you: https://www.equalhousing.org/f...

If you are exempt, you can put these types of complaints to bed immediately.

0 Votes

Riverside, California

All Forum Posts by: Thomas Balielan

Thomas Balielan has started 1 posts and replied 20 times.

Post: Disabled rental applicant sues landlord for discrimination

Post: Disabled rental applicant sues landlord for discrimination

Post: Disabled rental applicant sues landlord for discrimination

Post: Disabled rental applicant sues landlord for discrimination

Post: Disabled rental applicant sues landlord for discrimination

Post: Disabled rental applicant sues landlord for discrimination

Post: Disabled rental applicant sues landlord for discrimination

Post: Disabled rental applicant sues landlord for discrimination

Post: Disabled rental applicant sues landlord for discrimination

Post: Disabled rental applicant sues landlord for discrimination