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My son has PTSD and recently got a puppy who is an ESA

Customer Question
My son has PTSD...

My son has PTSD and recently got a puppy who is an ESA animal, and will be trained as a service animal. He had been on a waiting list, but because someone else pulled off the list received his puppy earlier that expected. His Psychologist was out of town and it took about 10 days to get the ESA paperwork to his landlord (a large apartment complex that provides mainly student housing at Arizona State). The manager insisted that he pay a pet deposit because he did not have the paperwork in before he received the puppy. I explained that he did not expect to get a puppy until May and that I got it over to him as soon as I could, but he refused to take his rent without the pet deposit included, and told us he would evict him if he did not pay. Now he has the deposit and refuses to return it or provide a credit although he has the paperwork.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Tempe Arizona

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

It is just short of a 12 month lease. It goes from the end of August 2017 to the beginning of August 2018. It is a 4 bedroom apartment that each tenant has a separate lease for. There are no problems that they have from my son.

Submitted: 1 month ago.Category: Legal
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Answered in 1 minute by:
3/15/2018
Lawyer: INFOLAWYER, Attorney replied 1 month ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 60,891
Experience: Licensed attorney helping individuals and businesses
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Hello and welcome. I am working on your answer and will be right back!

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Lawyer: INFOLAWYER, Attorney replied 1 month ago

If the lease does not have a pet deposit, he need not pay it now. also, since it is an ESA it is an exception and landlord may not demand it. Practically, if on end of the lease, tenant or ESA animal cause damage, landlord can give notice and deduct but cannot impose a further deposit.

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Customer reply replied 1 month ago
The lease does have a pet deposit, but this is not a pet , it is an ESA animal. They forced him to pay the deposit anyway, and are refusing to refund it. Is there any recourse?
Lawyer: INFOLAWYER, Attorney replied 1 month ago

Yes, he can sue in small claims court, or have a lawyer make demand for the return, or await end of lease and get it back then.

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Customer reply replied 1 month ago
I thought that ESA animal fall under ADA and that they cannot require a deposit. this is not a small landlord, it is a large complex with over 500 units.
Lawyer: INFOLAWYER, Attorney replied 1 month ago

Correct, which is why a lawyer demand e-mail or letter may suffice in securing the return. They wont want to be sued.

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Lawyer: INFOLAWYER, Attorney replied 1 month ago

If the reply is acceptable, please respond "yes"

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Lawyer: INFOLAWYER, Attorney replied 1 month ago
Awaiting your reply, thank you!
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