Q: A tenant is keeping a pit bull in her apt with no prior authorization from our office.
We served her with a Pet Violation Notice and her response was She is going to her Dr. and asking for a service animal.
I explained that that is supposed to be done PRIOR to taking a animal into her home and the violation stands.
I would like your advice:
This is the 3rd tenant who has gotten a pet and then after receiving a pet violation notice, has gone to a licensed professional to get a reasonable accommodation for said animal.
We are not in any way opposed to Service animals, however, we would appreciate our tenants going through the proper channels before getting one.
This is backwards, and wrong to do to landlords, do you have any ideas on how to prevent this behavior?
A: There is not much you can do except issue the 10 day notice of violation for any tenant violating your pet policy. She can say whatever she wants but unless she has served you with the notice from her doctor by the end of day 10, I would argue her tenancy is terminated and getting it later in time for court does not save her. In the end, however, it is up to the Judge. Even if she has a service or emotional support animal, it still must behave of course and if it causes any damage or harm to others, she and it are still subject to having their tenancy terminated. Good luck.
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