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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 45642
Experience:  Attorney with 29 years of experience.
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service dog and comflict with former manager of apt complex.

Customer Question

service dog and comflict with former manager of apt complex. The now former leasing property manager for the apt complex I live in is refusing to offer me the option to renew my lease or even to go month to month. XXXX XXXX, the former manger stated she's has allgeries to dogs but her dog is ok. The assistant leasing manager, XXXXXXX said she is afraid of dogs. The breed of my dog is a Cane Corso. when fully grown the females are about the size of a golden lab. However, since she was 8 weeks old when I received her, she had to learn to be a pet then onto the speciality training. Which will be for my protection. Residents of the complex have confuse the breed as an aggressive breed just as pit bulls. She has been threw 3 training classes and will attend more classes for my protection. Is it not against the law for this to happen to me? I have called the property owners corprate office, and of course they are clueless. So, I am asking 1. isn't it discrimanation towards me? 2 also discrimanation towards my dog. Who is now 10 months old. Thank you, XXXXX XXXXX XXXXXXX@XXXXXX.XXX

Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. If yours is a service dog and they are not renewing your tenancy due to your dog and disability requiring a dog, then to not renew you is illegal discrimination because being disabled and needing a service dog as a result puts you in a protected class. You should not leave and they can they not terminate your tenancy without going to a judge to get an eviction order. You will get written notice of the hearing for that ejectment petition and that's the hearing at which you will contest their right to terminate your tenancy because it is an illegal eviction due to this being illegal discrimination. Once you prevail at that hearing, that will be the end of the ejectment attempt and you can then choose to file your own suit against the landlord and property manager for their attempt to illegally evict you.



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Richard, Attorney
Category: Legal
Satisfied Customers: 45642
Experience: Attorney with 29 years of experience.
Richard and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

If for some unforseen reason I am able to find a new place to live before 10/15/2012 will I still have the right to sue the former property manger XXXX XXXX (as of 8/23/2012 she was mandatorly transfered to a sister complex) on a personal bases in addition to the corporate offices? The wording of the "Notice of Lease Termination at End of Lease Term or Renewal Period" letter I recieved states "DEAR RESIDENT ACCORDING TO THE ADVANCE NOTICE PROVISION OF YOUR LEASE, THIS LETTER SERVES AS SUFFICENT NOTICE OF OUR REQUEST FOR POSSESSION OF YOUR APARTMENT AT THE END OF YOUR CURRENT LEASE TERM ON THE 15 DAY OF OCTOBER 2012. PLEASE CONSIDER THIS LETTER AS LAWFUL NOTICE TO VACATE ON THAT DATE. CONTACT US IF WE CAN BE OF ANY ASSISTANCE REGARDING YOUR MOVE-OUT AND RELOCATION. Blue Ridge Property Management LLC. Living on $1032.00/ month is extremely challenging.The rent here varies each month depending on your water/sewage use. For Aug the total amount of my rent was $780.95. For September my rent is $790.95. plus if you want to have ANY type of tv service your MUST sign up thru the complex, and you will receive basic service thru Time Warner cable. At which time they add a fee of $48.00/month to your rent. and they demand that you pay for your water/sewer services in your rent. To which they have added a service processing fee. I would prefer not to be forced out of this complex as it is close to my son and his family. Also, at this time his wife's mother is going thru chemo & radation for colon cancer. It is of utmost importance that I remain near by my family so I am quickly available to watch my grandson in case Kathy has to be taken to ER again.

Cordially,

Loni XXXX

PS..spell check would be a nice feature to add to this format...thank you..

Expert:  Richard replied 1 year ago.
Yes...you would still have the suit for illegal discrimination. Also, remember this...if you need more time, under the law, if the tenant does not
leave, the law does not allow the landlord to forcibly evict a tenant without
obtaining an eviction order from a court. What that means is that if
termination date comes and the tenant does not move out, the landlord cannot
simply change the locks or throw the tenant's things out. Rather, what the
landlord has to do is to first deliver a 3-Day Notice to quit...which basically
says the tenant has 3 days to leave or face eviction. But, if the tenant still
hasn't left, the landlord must then file an unlawful detainer petition with the
court for an eviction order. Depending upon the court's docket, it can take
anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction
order can the landlord have the tenant evicted. That will buy the tenant a good
bit of time.
Customer: replied 1 year ago.

would you please google the breed of my dog...Cane Corso...and you will see why I was matched with that breed by a member/breeder of the AKC chapter for this region of NC..the city is Salisbury...thank you


 


Optional Information:
State/Country relating to question: North Carolina

Already Tried:
The new property manage, LUZ, stated that the reason corprate offices are not providing me the option to stay is " We feel that we are not able to make you happy and we want all our residents to be happy here at Salisbury Village apartments. That is such a bunch of "junk". the maintantence crew have always promptly taken care of any request I have placed. thank you

Expert:  Richard replied 1 year ago.

Good morning. I have googled it...although I didn't really need to as a friend of mine has a Cane Corso so I'm already familiar with the breed. You'll do fine in contesting this as an illegal eviction. :)

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