Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

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

animal with the paperwork, and...
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
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 4 minutes by:
8/17/2017
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102,694
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Verified

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.

Ask Your Own Real Estate Law Question
Customer reply replied 3 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: 102,694
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
Ask your own question now
Customer reply replied 3 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.

Ask Your Own Real Estate Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102,694
102,694 Satisfied Customers
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.

Ely 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:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

102,694 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I live in and the community is in a homeowners association.
Good morning. I live in Virginia and the community is in a homeowners association. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
We just purchased a home, using an FHA loan it closed on
We just purchased a home, using an FHA loan it closed on October 30, 2017. The required repairs for the home included replacing some of the rough cut lumber siding and sealing the siding on the entire… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
Real estate question. NC. Mortgage. Need to know if fha pr
need to know if fha pr va loans will allow for spring water instead of well… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
11 satisfied customers
What the heck - is it possible for a homeowner to introduce
What the heck - is it possible for a homeowner to introduce a resolution at an annual meeting. Assume that there is a quorum present and the bylaws allow for a > 50% of votes represented. Can that … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We were wondering if a small condominium association can run
We were wondering if a small condominium association can run with 3 board members instead of 5 as no one wants to be on the board. Our bi-law guides lines say 5 but we thought we could change it by a … read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
I have a landlord with a no pet policy but we have an
Hi, i have a landlord with a no pet policy but we have an emotional support animal, does the landlord have to waive his no pet clause to allow for the ESA pet? … read more
socrateaser
socrateaser
1,031 satisfied customers
If a person who has a 580 credit score qualifies for and FHA
If a person who has a 580 credit score qualifies for and FHA loan. And only has to put down 3 or 3.5% for a down payment on say, a $200,000 home. Do they pay the same interest rate or higher interest … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
A homeowner in our association, is requesting contact
A homeowner in our association, is requesting contact information for our board and all contact information for the rest of the homeowners in our association. This sounds illegal, is it? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I bought a home on FHA October 2009. I was not aware of the
I bought a home on FHA October 2009. I was not aware of the risks I would have regarding living in a Hazardous Flood Zone. Every year (especially the last 3) the flood insurance has increased massivel… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
The condo board want approve the building for fha sales or
The condo board want approve the building for fha sales or reverse mortgage. What can we do? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
We live in a townhouse ( of a condominium association) on
We live in a townhouse (pat of a condominium association) on the Windward side of Oahu in Hawaii. When we bought our townhouse in 1995, there were many trees in the front and back of our unit. Over th… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
In Florida when a condominium association allows a special
In Florida when a condominium association allows a special assessment to be paid in installments which involve an interest charge do the terms of the loan have to be disclosed? Please provide the appl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How do I find out about what my Condominium Association is
How do I find out about what my Condominium Association is responsible for when it comes to pipes leaking from ceiling and behind the walls of my mother's condo unit … read more
LegalGems
LegalGems
Juris Doctorate
10,212 satisfied customers
This is in Memphis TN. A condominium association is about to
This is in Memphis TN. A condominium association is about to close the pool in the facility. 1. Pool has been closed for several years, not sure how long 5 plus or minus years. This has been done by t… read more
Attorney 1
Attorney 1
2,571 satisfied customers
This is to do with Arizona's FHA interpretation of the law.
this is to do with Arizona's FHA interpretation of the law. My wife is buying a home through OnQ Financial. On her bank statement is a deposit of $2834 from me. They wished to know what this is and demanded that I show the transaction where this money came from. I sent them an official bank transaction receipt from my bank in Australia. I signed a "gift form" to show that had "gifted" this money to my wife. This was not good enough. They wanted copies of my bank statements from Australia, showing the transaction. I copied off the bank statement and, on the advice from my bank, blacked out all irrelevant information. This was not acceptable and inferred that I might be money-laundering. They wished to view the complete statement. Under protest, I sent them the full Babi statement. Now they wish for me to explain other transactions within that statement that has nothing to do with my wife nor the loan. They are transactions carried out within my own bank accounts, transferring funds from a savings account to an activity account in which I carry out my own private business. I am not happy that this mortgage company wishes for me to explain what I am doing in my own bank in Australia. … read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
Can you help with fair housing questions? Minnesota. I just
No, I just want to know if something would be considered a fair housing issue.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am on the board of our condominium association. Last year
I am on the board of our condominium association. Last year a co-owner stuck us with over $5000.00 in unpaid fees when he filed for bankruptcy. This year he's about 6 months behind. He keeps promising… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Can condominium associations prevent you from installing a
can condominium associations prevent you from installing a permanent generator? If the homeowner has a medical letter from their doctor? … read more
LawGuy
LawGuy
Juris Doctor
123 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