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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27621
Experience:  Lawyer
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I have documentation of my service animal from my doctor. My

Customer Question

I have documentation of my service animal from my doctor. My landlord is evicting me because I didn't "get management approval" even when they had the documentation from my doctor. They are now making me pay a fee or they will take further action. Do I pay the fee? Was I in the wrong for not getting "management approval"? What are my rights in Utah??
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
Service animals are not pets and therefore do not require management approval. The Fair Housing Act requires landlords to make reasonable accommodations for persons with disabilities, and allowing you to have a service animal is a reasonable accommodation. Always. They cannot evict you for not getting approval - it's not like they could have denied your request and made your disability go away. Whether they say OK or not, you have a right to have a service animal that is prescribed by your doctor.
It's illegal for them to deny you a service animal, and illegal for them to evict you for having one. You can actually sue the landlord for any expenses you incurred by THEM breaking your lease. And under the Fair Housing Act, if you successfully sue, they also have to pay your attorney's fees.
For that reason, you may want to consider hiring a local attorney to talk to them for you. Or you could try sending a letter, explaining that they violated the law, and letting them know that if they pursue things further, they'll have to pay your attorney's fees when you counter sue them under the FHA.
It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.