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Stacy Adkins
Stacy Adkins, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 158
Experience:  Law Clerk for 7 years
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My month to month tenant has an approved cat. Two months ago

Customer Question

my month to month tenant has an approved cat. Two months ago she asked to get a dog, and I denied the request. She now says she has a letter from her doctor saying she can have a companion dog. Can I tell her that she cant have 3 cat's plus the dog?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Oregon
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Month to month. They are always late in paying.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Stacy Adkins replied 9 months ago.

Hi, thanks for your question. I'm Stacy. Give me a few moments to review your question and I'll be back shortly.

Expert:  Stacy Adkins replied 9 months ago.

If your tenant is claiming she needs this companion dog as provided under the ADA, she has to show that the assistance of this dog will lessen the effects of her disability. The Federal Housing Act defines a disability as ( 1) a physical or mental impairment which substantially limits one or more of such person’s major life activities; (2) a record of such an impairment; or (3) being regarded as having such an impairment. While she doesn't need to disclose her private medical records, she would need to prove that she does have a disability and this dog would help her with her day to day functions. There must be a connection between the disability and the need for an emotional support animal.

If she fails to prove the medical necessity of this dog and refuses to rehome the dog, you could have an action for eviction. I hope this answers your question. If so, please kindly accept my answer and leave a positive rating. This is the only way experts are compensated for their time. I'm happy to answer any followup questions you may have as well. Otherwise, good luck and thank you for using Just Answer.

Expert:  Stacy Adkins replied 9 months ago.

Do you have any additional questions? If not, please accept my answer so that I can be credited for my time and can close the question. Thank you so much!