Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I am a Condo president and we have a renter who claims tha…

Customer Question
I am a Condo...

I am a Condo president and we have a renter who claims tha her dog is a service dog...and obviously, has no certification of such.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I tried to inquire about the legit of the dog status and was served with a "cease and desist" order from her attorney.... She leaves the dog home alone on most days and most recently, went on vacation and left the dog at home... is this acceptable behavior?

Lawyer's Assistant: Where is the condo located?

Cocoa Beach Fl.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The dog barks wildly when you walk by her unit and last week she made another owner remove their dog from our grass area because she could not control her dog while trying to get back to her unit. She also lets the dog run around our pool deck (unleashed).

Submitted: 2 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 6 minutes by:
5/30/2018
Lawyer: barristerinky, Attorney replied 2 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,027
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply as I am an actual practicing attorney, not an employee of JustAnswer.

.

Under the Fair Housing Act, you have the right to request proof from a FL licensed doctor treating her that says that the dog is "medically necessary" for her condition. You can't ask about her condition, but can have her doctor confirm that she is being treated for something.

.

Further, even if she has a SA, it can't create a nuisance or disturbance for other tenants or you can terminate and evict based on that. A legitimately disabled person doesn't have the right to walk all over other tenant's rights and if their dog is not under control (which is normally clear evidence it isn't an actual SA) then they can be given a notice of lease violation and be forced to either get rid of the dog, or be evicted.

.

But you want to make sure to document incidents with other tenants with names, dates, times and what happened to create a paper trail should it become necessary to evict the tenant.

.

However, typically these people are just scammers and when confronted, they can't provide an actual prescription letter from a licensed doctor saying it is medically necessary and you can then throw them out if they don't get rid of the animal.

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 months ago
I've pretty much been told the same by our property manager, they keep telling me to back-off but, it is so obvious that we are being scammed....I keep looking for more advice. Everything on the internet only protects the owner of the dog and there is very little info on the rights of the landlord....
Lawyer: barristerinky, Attorney replied 2 months ago

Yes, this is a red hot topic now because tenants know this and think they can scare a landlord from enforcing their rights by just claiming their dog is a Service Animal or Emotional Support Animal...

.

So you have to hold your own and follow the law and can request proof of their claims and shift the burden of proof on them to come up with something legitimate..

Ask Your Own Landlord-Tenant Question
Lawyer: barristerinky, Attorney replied 2 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,027
43,027 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

43,027 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Please let me know your answer to the question below and
Please let me know your answer to the question below and whether you can draft and send a letter for me.WHAT TRANSPIRED - We live in a house in Palo Alto, CA. To enter our home, you must enter a close… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
929 satisfied customers
I am the landlord of a 7 unit property. 2 of the tenants
I am the landlord of a 7 unit property. 2 of the tenants have been having issues with each other because of a barking dog (Maltese). The downstairs dog barks when the upstairs tenant walks past their … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
An owner occupant is harassing my tenant, reporting him to
An owner occupant is harassing my tenant, reporting him to the HOA for issues previously corrected (stating they hadn't been when we had photographic proof). The latest is a barking dog complaint. The… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,947 satisfied customers
My daughter lives in an apartment that allows dogs. The
My daughter lives in an apartment that allows dogs. The apartment management has been receiving complaints about her dog barking and the most recent complaints were made during the time my daughter an… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
I am currently a resident at Marina Bay Condominium in
I am currently a resident at Marina Bay Condominium in Panama City, FL 32409. We are leasing unit 303 from my mother-in-law with plans to buy wishin the next year. My husband's brother lived here and … read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
My land lord is harassing us because she want us to move
My land lord is harassing us because she want us to move out. What she let her other tenants do she say we can't.… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
My wife and I own a condominium in Lake of the Ozarks, The
My wife and I own a condominium in Lake of the Ozarks, The ownership interests are changing to more retired people than people with young familes, the association tried to ban owers from renting but w… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
I own a small condo in Miami Beach, after listing with an agent
I own a small condo in Miami Beach, after listing with an agent we had a proposal with a prospective buyer who then went to the condo manager who told the buyer that they may be painting the condo thi… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I am having abusive noise issues with the renters that live
I am having abusive noise issues with the renters that live above me in my condo that I own. I have made 10-12 combination of phone calls and emails with 30 plus documented occurrences of excessive no… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
i live full time in a 55+ resort,rv park in a park model. its
i live full time in a 55+ resort,rv park in a park model. its my fifth year here. i have 2 small dogs i recently got from the animal shelter. i got a complaint notice that my dogs bark when im not hom… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,027 satisfied customers
I live in a small 16 unit condo complex in gulf Shores, Al.
I live in a small 16 unit condo complex in gulf Shores, Al. My son is on the deed to the condo, and I live in the condo and represented myself as agent. The condo board keeps harassing me because I am… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We were given a notice yesterday saying that we have three
We were given a notice yesterday saying that we have three days to get rid of our dog or move so the situation is timely! We moved into our rental unit in downtown San Francisco in February, 2010. At … read more
socrateaser
socrateaser
1,031 satisfied customers
i am the President of our Condo assn. we require renewal of
i am the President of our Condo assn. we require renewal of rentals every 6 months. Our Bylaws state "th Assn reserves the right of refusal for continuation of the Rental, should the Assn deem the Ren… read more
J. Warren
J. Warren
Attorney
Doctoral Degree
2,241 satisfied customers
We live in a condo in the west seattle area. It has recently
We live in a condo in the west seattle area. It has recently being managed by an outside management company as the long term property manager retired. The HOA has been turning over management but it h… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,027 satisfied customers
I am the owner of two mobile homes in Sandpiper Mobile
I am the owner of two mobile homes in Sandpiper Mobile Manor. It is a senior park. The park has a Co-Op Shareholder option. I own a share on the mobile home I live in. The other mobile home I have tri… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
We are a small condo association in VT that have been dealing
We are a small condo association in VT that have been dealing with a problematic owner for several years now. They live here part time, and when they are not here, all is well and everyone gets along … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Is a homeowner liable for a civil suit if the person she rents
Is a homeowner liable for a civil suit if the person she rents her home to has a nuisance barking dog that the renter will not stop barking. Does the homeowner have to abide by Virginia tenant-landlor… read more
kattorney
kattorney
attorney
Doctoral Degree
209 satisfied customers
I am currently on a lease with two other people on a 16 bed
I am currently on a lease with two other people on a 16 bed zoned bed and breakfast property at 4030 Ne Indian River Dr., Jensen Beach, Fl. Two of us had a falling out with the third party. One of us … read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x