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[OK] Eviction because of visiting service dog. (self.legaladvice)

apple-soup が 投稿

My family was just given a 10 day's eviction notice by our landlord for violating a "no pets" policy. They had a visitor with a certified service dog provided by the American Cancer Society. The dog was noticed as it was going to the bathroom outside.

As far as I'm aware, even rentals with a no pets policy must make accommodations for service animals under the Americans with Disabilities Act and the Fair Housing Act, correct? My parents tried to tell the landlord in person that the dog was a certified service animal, but she will not accept that response and has since blocked my parents' cell numbers.

Are our rights being violated? If so, how should we proceed? What actions will be expected out of the disabled visitor?

Edit: /u/spreadsheet_jockey pointed out the American Cancer Society doesn't provide service animals. We'll have to talk more with the dog's owner to see what she meant by her dog being certified. Sorry about that.

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[–]spreadsheet_jockey 20ポイント21ポイント  (2子コメント)

They had a visitor with a certified service dog provided by the American Cancer Society.

Uh, the American Cancer Society does not provide service dogs. There is also no valid certification for service dogs. You seem to be confused.

[–]apple-soup[S] 1ポイント2ポイント  (1子コメント)

Ah, excuse me then. That was my parents told me. I'm sure they weren't told all the details to keep the story short.

[–]TheGuestResponds 6ポイント7ポイント  (0子コメント)

My dad has a diabetic alert dog and is constantly asked for his "certification papers" which is when he knows the person asking really doesn't know shit about service animals.

It's annoying because he will beef with restaurants over it and then they will refuse service based on his attitude and not the dog (Which they always make exceedingly clear).

Good luck with your landlord, seems like a gem.

[–]damageddude 7ポイント8ポイント  (0子コメント)

Not sure about OK, but many states will not evict if you fix the problem within the 10 days (in your case). If the dog is gone, service dog or not, the problem is solved anyway.

[–]shingdao 9ポイント10ポイント  (3子コメント)

Your LL is likely violating both federal and states laws. You may want to have a lawyer draft and send a certified letter to your LL reminding him/her of the relevant laws in this regard and your intention of taking legal action should they pursue an eviction. Please note the state law below refers to tenants/applicants only but I imagine disabled guests of tenants with service animals are equally covered.

The state law:

Oklahoma Statutes Annotated. Title 41. Landlord and Tenant. Residential Landlord and Tenant Act.

§ 113.1. Denial or termination of tenancy because of guide, signal or service dog

A landlord shall not deny or terminate a tenancy to a blind, deaf, or physically handicapped person because of the guide, signal, or service dog of such person unless such dogs are specifically prohibited in the rental agreement entered into prior to November 1, 1985.

CREDITS Laws 1982, c. 251, § 3, eff. May 11, 1982; Laws 1985, c. 19, § 3, eff. Nov. 1, 1985.

[–]johnspiff 8ポイント9ポイント  (2子コメント)

A landlord shall not deny or terminate a tenancy to a blind, deaf, or physically handicapped person because of the guide, signal, or service dog of such person

I don't think a visitor fits in this statute. It specifically mentions the tenant itself and denying or terminating tenancy to the disabled tenant.

I do think the LL is being shitty, but I don't know for sure where the service dog of a guest fits in that.

[–]shingdao 1ポイント2ポイント  (1子コメント)

Yeah, the statute is specific to tenancy and doesn't mention guests but in a just world, I'd like to believe this was the spirit of the state law. Irrespective, I do believe there is an FHA violation here though as mentioned by /u/NoThereIsNone

[–]johnspiff 3ポイント4ポイント  (0子コメント)

If they were given an eviction notice for 10 days, i would assume that there would be an actual eviction hearing in court at some point, hopefully the judge sides with the tenant.

[–]justathoughtfromme 1ポイント2ポイント  (2子コメント)

Was this a service dog or an emotional support dog? These are two VERY different things and can drastically change which laws are applicable.

[–]apple-soup[S] 2ポイント3ポイント  (0子コメント)

I'm told it's a service dog. The owner suffers from asthma and several forms of cancer. The dog helps her with daily and emergency medications and let's her and her family know when she's getting sick. It might be trained to do a few other things like help her walk, but those were the only tasks I've personally seen.

[–]JagerNinja 0ポイント1ポイント  (0子コメント)

The Fair Housing Act does protect ESAs in some (but not all) situations. Depending on where OP lives and how the property is subdivided, the landlord may need to make reasonable accommodations. That said, as has been mentioned elsewhere in this thread, that usually applies to tenancy, so I don't know how visiting dogs are treated.

[–]ItsMeStacyB 1ポイント2ポイント  (2子コメント)

What kind of rental is this? For instance, if it's a three family house, and/or if the landlord lives in another unit in the building, some of the laws people are citing don't apply.

Note I don't have the FHA act in front of me right now, so don't kill me for not being spot on here.

[–]apple-soup[S] 1ポイント2ポイント  (1子コメント)

I'm not entirely sure of the specifics since they moved very recently and I don't live with them. I know for sure it's just a one-family home. My folks say that guests were permitted in the lease but the landlord has now forbid my family from receiving any more visitors until they move. She said she'd record their license plates and report them to the police. I'd have to see a copy to the lease to see if her evicting my folks gives her that power.

Sorry my info is limited atm. Waiting for my folks to find a way to send me the lease to examine.

[–]lordpiglet 1ポイント2ポイント  (0子コメント)

The landlord can't ban them from having guests either, especially since it's mentioned in the lease. Your best hope might be contacting a lawyer to review the situation, so that they can write a letter to the landlord regarding the new guest policy and that the lease violation has been corrected.

Sounds like the landlord either is clueless or trying to put one over on your parents.

[–]Mumbleton 1ポイント2ポイント  (4子コメント)

IANAL, just good at googling. http://www.nolo.com/legal-encyclopedia/tenant-defenses-eviction-notices-oklahoma.html

According to this you have 10 days to fix your lease violation. Oh look, you don't have a dog(service or otherwise) in your apartment anymore. Problem solved, they can't kick you out.

edit:

Notice Requirements for Lease Violations If a tenant violates a term of the lease or rental agreement, the landlord must provide the tenant with a written notice requesting the tenant to fix the violation, if possible. The notice must inform the tenant that unless the tenant fixes the violation within ten days, the rental agreement will terminate. The landlord must wait another five days before filing an eviction lawsuit if the tenant does not fix the violation within the ten-day time period, making a total of fifteen days from when the tenant first received the notice. If either the tenant or the landlord fixes the violation within the ten-day time period, the landlord must not proceed with the eviction (Okla. Stat. Ann. tit. 41 § 132(B)).

Examples of lease violations include having pets when none are allowed or parking in an unauthorized parking space.

[–]apple-soup[S] 0ポイント1ポイント  (3子コメント)

Thank you for the link. How would you propose we approach the landlord with this information?

[–]Mumbleton 1ポイント2ポイント  (2子コメント)

You say they blocked your number, do you have any way of getting in touch with them? If they live on site you can print this out and slip it under their door(I'd print out this and the actual statute if it's different).

If not, borrow someone's cellphone and borrow a different number. Be exceedingly polite and concise. No need for extra information beyond letting them know that if there was a lease violation then there certainly isn't one any longer so the matter is resolved. If they try to kick out out or change the locks, call the police.

When your lease is up, I'd find a new place to live anyway.

[–]Dweali 2ポイント3ポイント  (1子コメント)

Certified mail would be best so they have proof landlord received it...definitely wouldn't just slip it under a door though

[–]Mumbleton 0ポイント1ポイント  (0子コメント)

I was gonna say that at first, but you're not giving them official notice for anything, you're just informing them of the law. You could theoretically NOT send it and still be 100% ok because you're in the clear and they haven't given YOU the proper notice to evict you.

You give this to them for their benefit as much as for yours.

[–]burn_the_turn 1ポイント2ポイント  (0子コメント)

I believe you are entitled to a 10-days to fix notice. ADA and FHA applies to the tenant -- it does not extend to a tenants guests.

[–]biCamelKase 0ポイント1ポイント  (0子コメント)

Are you sure it isn't a notice to cure the alleged breach of lease or else be evicted? If they were guests and they've left already with the dog, then they should no longer be breaching the lease (if they ever were).

What exactly does it say?

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Original Post:

Author: /u/apple-soup

[OK] Eviction because of visiting service dog.

My family was just given a 10 day's eviction notice by our landlord for violating a "no pets" policy. They had a visitor with a certified service dog provided by the American Cancer Society. The dog was noticed as it was going to the bathroom outside.

As far as I'm aware, even rentals with a no pets policy must make accommodations for service animals under the Americans with Disabilities Act and the Fair Housing Act, correct? My parents tried to tell the landlord in person that the dog was a certified service animal, but she will not accept that response and has since blocked my parents' cell numbers.

Are our rights being violated? If so, how should we proceed? What actions will be expected out of the disabled visitor?