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Service dog charged cleaning deposit for HUD subsidized

Customer Question
Service dog charged cleaning...

Service dog charged cleaning deposit for HUD subsidized housing unit.even though she was wearing her vest and was on a leash with ser vice dog emblem.She did not advise me of policy but entered her as Pet.found out I was entitled to claim her yearly rent reduction but have been refused.now,still refusing to designate her service dog status refusing to refund money until cleaning inspection.need help on this. Please advise

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Montana

Lawyer's Assistant: What steps have you taken so far?

Spoken to manager,advised on law.She said some person has to approve dog.won't listen

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

If allowed they will never refund and of course my rent was raised this year,.

Submitted: 10 days ago.Category: Landlord-Tenant
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Answered in 13 hours by:
7/11/2018
Lawyer: Law Educator, Esq., Attorney replied 9 days ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 125,929
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Because service dogs are mandated as a reasonable accommodation, the landlord cannot charge up front for deposits or fees associated with the pet. If the dog causes damage to the property, then the landlord can sue the tenant if they do not pay for the repair of the damage.

If they are refusing to refund the deposit, you need to start with a complaint to the local HUD office, as they handle service dog complaints. If the HUD office cannot resolve the issue, then you can sue for violating your right to reasonable accommodation under the Fair Housing Act and the Americans with Disabilities Act and seek damages against the landlord.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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).

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