Q: If my lease agreement says no pets could my landlord evict me for having a dog even if I get a letter from a doc for esa
A:
A lease that prohibits pets is valid, but ESA is an exception and if certified by a licensed physician the landlord has to allow the ESA. However, you can be evicted if the ESA becomes a nuisance or otherwise disrupts other tenant's quiet enjoyment of their premises.
To avoid the controversy, it is better to disclose to a potential landlord that you qualify and require a pet companion. Explain your general circumstances and describe your pet. Landlords will be much more receptive if they are not bushwacked and informed about an ESA after you sign the lease; however, you are not required to inform them before you sign the lease, but it will make your life easier.
Give respect to the landlord and landowner. They are the owner and infringements on their ownership rights are often taken as an attack on them. You want to be on their good side so that you can enjoy your tenancy and not be in constant battle.
If your condition that allows you an ESA after you have moved in you should consult the landlord about this. Since you have not already selected an animal you may want to get input from the landlord, although you are not obligated to take their opinion into consideration, but it would be beneficial to you to do so where possible.
A landlord that is intent on evicting you is going to make your life hell, so try to avoid that.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.