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  1. #1
    Join Date
    Feb 2017
    Posts
    2

    Default Can You Be Evicted for Getting a Dog if You Qualify for an ESA

    My question involves landlord-tenant law in the State of: California

    I live in Los Angeles. I was diagnosed with all kinds of learning disabilities when I was a kid. Got through it, got out of engineering school with high honors and scored an awesome job in Public Service.

    Moved into an awesome apartment in Hollywood that does not allow dogs two years ago. I was happy with that, I didn't want a dog at the time.

    This last year I stopped my routines, stopped working out, stopped skydiving (my favorite hobby, over 800 skydives now) and got super lazy, except with work of course... I'm still doing awesome in that department at least...

    My doctor recommended a pet and re-establish a routine. I went through the ESA process and the management company of my building said they needed to send a form to my doctor. Its been a month and my doctor has no received a thing. Im a patient guy and dont want to brake any rules but then last Saturday, Im up north with my girlfriend and this puppy ran into her arms and jumped on me and that was it. I couldnt not get separated from this little creature. Incredibly smart, learned how to sit on command in 1 minute, potty trained in a day, learned to use stairs on her second try. I can keep going.

    I notified the property manager and now he said corporate is reviewing my tenancy for a possible eviction. Even though I sent them a letter from my doctor for an Emotional Support Animal.

    I dont care moving, but I still like to know what my rights are...

    In advance, thank you so much for your time, its awesome to find help on the interwebz like we youngsters call it!

  2. #2
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Possible Eviction Notice Due to New Dog

    Are you legally considered disabled?

  3. #3
    Join Date
    Feb 2017
    Posts
    2

    Default Re: Possible Eviction Notice Due to New Dog

    Quote Quoting lill
    View Post
    Are you legally considered disabled?
    Yes, I have a disability and I can prove it all the way back when it was diagnosed when I was 8 years old.

    Thank you!

    Doing my homework now!

  4. #4
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Possible Eviction Notice Due to New Dog

    A puppy, while cute, is not potty trained in one day (they can sometimes quickly training their new owners to let them know when they need to go outside to go potty).

    Keep in mind that a landlord can charge a tenant for damages that an ESA animal does to a rental property.

    Gail

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Possible Eviction Notice Due to New Dog

    If you are disabled, they should not evict you just because of the ESA. Restrictions on ESA are pretty narrow. Start here: http://www.disabilityrightsca.org/pubs/CM1301.html

    As Lill notes, you need to meet at least the California definition of disability. You must have mental or physical impairment that makes life "difficult."

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Possible Eviction Notice Due to New Dog

    If the letter from your doctor was legally sufficient to establish the need for an ESA, with your having requested the ESA as an accommodation of your disability, then your landlord needs to respect the fact that you can have an ESA in your rental unit. The letter should state that you have a disability and explain how the ESA is needed to help you cope with the disability, improve its symptoms, or both.

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