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?
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.
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.
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.