Q: I received a 10 day pet violation from my landlord. I am being told I have to get rid of my dog or be evicted.
He is an ESA animal can they make me move or get rid of him?
A:
If your lease does not allow for pets then your landlord has a right to serve you with a notice of termination for the violation. However, if your animal is an emotional support animal ("ESA"), you need to show your landlord your note from your doctor proving your animal is an ESA, which would cure the violation of your lease and you will not need to vacate the rental property. If after you give your landlord your paperwork for your ESA and your landlord serves you with an FED Complaint and summons based on the notice of termination, you should consult with a landlord tenant attorney to help you.
Good luck.
Gregory L Abbott agrees with this answer
A: IF you have provided the needed documentation of the animal being a ESA, then you should be allowed to keep it - unless your ESA has misbehaved or otherwise caused a disturbance or problem. If it has, then a landlord has a right to require you to get rid of that specific animal but you would be allowed to replace it with a new ESA. I doubt a 10 day termination notice, however, is the appropriate notice for that event anyway. If you have further difficulties, consider reviewing it all with a local landlord-tenant attorney. Good luck.
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