Canal Winchester, OH asked in Landlord - Tenant for Tennessee

Q: Tenant has a pet with a no pet clause in lease.

I did a walk through after 3 weeks of tenancy. There was evidence of a pet. I made it clear that no pets are allowed at any time in the house....friends can't bring over pets, no pet sitting, etc. The same day that I made it clear that no pets are allowed, a neighbor reported seeing a dog enter the house. I sent someone over to verify if a dog was in the house and one of the tenants let my representative in and they verified that there is a dog living in the house. Now the tenant that is the dog owner is claiming that it's a service animal. If I'm reading the TN law correctly, the owner has to be blind or partially blind to consider the dog as a support animal. I have asked all 3 tenants to vacate the premises per our lease terms in 14 days otherwise an eviction notice will be filed. Tenants said I have to allow 30 days to rectify, but they have violated the same lease term twice in 3 weeks. Tenant didn't disclose service animal on application. What are my options?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Landlord Tenant Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: If you want them out, hire a competent attorney to file, serve/post and prosecute a Detainer Warrant. Depending on the leasehold's County, the Security Deposit (if any) might be a problem. If someone is really disabled, you might have a fight with HUD, but it is doubtful. You will lose money in any event.

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