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I need to speak to someone concerning a US Service Animal.

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I need to speak to someone concerning a US Service Animal

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

Arizoan Arizona

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

I have had 3 back surgeries and scheduled for my 3rd surgery on both feet since 5/15. I got my Chihuahua in July and she goes every where with her. I have a letter from doctors office saying she is an emotional support dog. I signed a new 3 yr lease in August and in November the property management approached me and said she had to go. I gave them the emotional support letter and they said fine, this is what we needed. Now in March they come and say only support dogs can be on site and they are challenging her.

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

I registered her on March 2 as a service dog. I am awaiting her correct size of vest and then I will have her carry my nitro until I can teach her to reach it out of my purse. I am also working with her to retrieve my phone as I am prone to falls. They have had a lawyer involved and I have to cease bringing her with me or I am evicted for breach of lease. They are for the first time bringing in CCR's .

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Answered in 5 minutes by:
3/20/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,329
Experience: Licensed to practice before state and federal court
Verified
Hello I am an attorney here to help. I'm sorry to hear about your situation. Generally, emotional support animals are not recognized as being legally protected like service animals such as a seeing eye dog. A landlord has the right to terminate a lease if someone has a non service animal who was not otherwise approved. A landlord cannot terminate a lease based on someone's disability.In your case, the dog doesn't get protection, but because the landlord orally approved the dog after you showed them the note, their eviction now is a breach of contract. In addition, if you are dealing with a disability, you could atgue they are violating the fair housing act that prohibits disability discrimination.Accordingly, you may need to let your landlord know what's going on as far as their legal obligationDid you have any other questions for me today?
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Customer reply replied 1 month ago
I have rented at this site since April 2012 andhave had no issues in the past. I have registered her as a service animal and she will be carrying my nitro until I can confident she will retrieve from my purse.
I tried going to the landlord and he sent a message through one of his staff for me to go through the property management. I have 2500 worth of signage here and as a Framers agent I have established my footprint. I also have a 3 yr signed lease
Customer reply replied 1 month ago
I am teaching her to retrieve my phone and because I am not supposed to bend I am teaching her to pick things up for me. It is a work in progress.
I see. So if she is a service animal, then the ADA and Fair Housing Act prohibit this eviction. You should advise the property management and the landlord of their legal liability. Regardless, until they get a court order, you don't have to go anywhere. Did you have other questions for me today?
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Customer reply replied 1 month ago
I have provided the lawyer a copy of her certificate and said I am awaiting his response. Do I need to get any doctors notes to say she needs to carry nitro or it would be a safety assistance once she will consistently retrieve phone?
Customer reply replied 1 month ago
I have been prone to falls because of loss of balance with all the surgeries. I live alone so if I fall I could be in trouble. This is why I am teaching her to retrieve phone. I did not register her earlier as I thought the issue was resolved here and she was also too young as she needs to be more than 6 mths old to register her as a service animal. She is now 10 months old.
I see. I think getting the information regarding the nitro and her retrieval duties would be helpful. I have a reason to believe their lawyer will advise them to drop the eviction notice.
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Customer reply replied 1 month ago
I fractured my back last June from a fall and have osteoporosis so it is expected that if I fall I will fracture or brake bones
I understand and in very sorry about that. It sounds like a troubling time you are going through. As a disabled person, it is going to be important to defend your rights against the landlord. Did you have any other questions for me?
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Customer reply replied 1 month ago
Is there an issue I need to be concerned with in respect to the CCR's that they re suddenly bringing into the picture
She maybe puts out a small bark 3 times a week, but is silenced immediately. Should I be concerned that they can move forward because she has or does occasionaly bark. She is still considered a puppy, until they are more than 2
If you don't reasonably and objectively believe that your dog is causing an issue then a judge would probably agree and determine that it would be a pretense to cover up their discrimination so don't let them push you around with something like that.
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Customer reply replied 1 month ago
No where in the 6 yrs that I have been renting here as the CCr's been brought out. No where has there been a rule until just now about only US Service Animals allowed on property. Do you recommend that I should hire a lawyer to represent me against them?
I would recommend doing that only if they decide to sue you for the eviction. Otherwise, I believe if you consider my suggestions you can save yourself some money.
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Customer reply replied 1 month ago
ok. I got the eviction notice via registered mail yesterday telling me to cease bringing her or I need to be out within 15 days. I sent them a response with her certificate via email. Am I on the right track to wait for the lawyer's response?
Just remember that until they get a court order they cannot force you off the property.
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Customer reply replied 1 month ago
Thank you and is there any way to reach you in the future if I have more questions or will I need to start over with someone else?
This is my first time using this
Customer reply replied 1 month ago
Does it cost $5 each time I want to speak with someone? I think it is fare, but I don't know how it works
You're welcome. You can save me as a favorite if you want to speak with me directly. I think if you have a membership it's unlimited questions.
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Otherwise, it'll be a cost for a separate question. Also, if you don't mind, would you mind providing me a 5-star rating today? I would sincerely ***** *****
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Customer reply replied 1 month ago
I have saved you as a favorite. So will they charge the $39 or $49 or $59 if I save you?
Oh no. There's no charge for saving. Just a charge if you have a question:)
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Customer reply replied 1 month ago
Thank you. You have been very helpful. So the next time I ask you a question there is another charge?
You're certainly welcome and yes there will be another charge if you asked another question. You could sign you for a membership which is like fifty bucks a month and it comes with unlimited questions to my understanding.
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Customer reply replied 1 month ago
If I did the $59 to speak with you is that the monthly membership?
Honestly, I wish I knew.Just Answer doesn't employ the experts so they don't tell us how the whole set up works on their end. You should contact customer care and they can tell you what's up and if there are even any promotions to keep the cost low.
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Customer reply replied 1 month ago
Thank yo for your help. I will try to contact customer care.
You bet!
Legal Eagle
Legal Eagle, Lawyer
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Satisfied Customers: 10,329
Experience: Licensed to practice before state and federal court
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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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