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If I did not disclose that one of my dogs is a companion…

If I did not disclose...
If I did not disclose that one of my dogs is a companion animal with the paperwork, and my husband hasn't been "seen" on the property that we rented, can we be evicted? Was given an eviction notice on Monday
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Answered in 4 minutes by:
8/17/2017
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,214
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

1) The fact that your husband has not been living on the property does not mean anything - a renter can rent but not ever show. As long as the rent is being paid, that is all that matters.

2) Non-disclosure of a support (also called "assistant" or "service") animal is suspicious, but provided that someone in your situation can prove that it is indeed a valid support animal, then the eviction is likely to fail.

It is not the Americans with Disabilities Act as many believe - but Fair Housing Act (FHA) - that deals with service animals. The FHA does not contain a specific definition of exactly what a "service animal" is. FHA allows individuals with disabilities to keep an assistance animal as a reasonable accommodation when there are limitations imposed by the homeowner or condominium association on animals and pets. What is reasonable accommodations? There is a three-prong test to it:

-The requestor must have a disability.

-The requested animal must serve a function directly related to the requestor’s disability.

-The request to have the service animal must be reasonable.

Unfortunately, it does not really get any more specific than this.

Provided that you can show that the dog is a valid support dog, the landlord must allow you to keep it if it is reasonable and accommodate you in the lease. Even if the dog was not disclosed before. One wants to go to a physician and get a NOTE that states that the animal is a support animal.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 6 months ago
I don't know why my husband didn't disclose that to this landlord but he did not. Also, my Mom came to help me with my youngest child until the 20th of this month and because she mowed/watered, maintained the property, he assumed that she had moved in even though he had been told by HER that she was here to watch her Granddaughter. He assumed everything without asking about any of it coz "WE'RE LIARS". We have done everything asked of us except tell him about Boomer being a companion animal. He also told my Mom that there aren't many rentals in this area, so he KNOWS I'm going to have a hard time finding a home. Not to mention that the kids start school next week, so I don't even know where to register them now

I am not sure what you are asking in your follow up, please...?

Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,214
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Verified
Ely and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 6 months ago
Since he was the prosecuting attorney in this area, and owns most of the town( this sounds like a John Wayne movie), he thinks he's in the right and unfortunately, nobody stands up against him. So he is going to evict my children and I over his assumptions and I don't know who to turn to for help

I would recommend getting an attorney, if possible. The attorney can help you avoid eviction. Normally the cost would be about $500.

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Ely
Ely
Ely, Counselor at Law
Category: Real Estate Law
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