companion dog

[Mahesh K.]

I was driving by one of my properties when I noticed my tenant had a pit bull in her unit of the duplex (spring valley CA). The duplex has a no pet policy.

My property manager gave her a 30 day notice to cure or vacate (should have been 3 day). The tenant (who is section 8) now says this a "companion animal". She is seeking assistance from the "Legal aid society" and presents me with a letter from a doctor that states the following:

"Over the years, she (the tenant) has been somewhat depressed despite the medications I provide for her. Her companionship with her pets are much more important for which reason I am suggesting she take a dog in her residence".

I have read a lot on the the Emotional Support Animal (ESA) and the HUD document that covers it. It does suggest that the tenant must be "disabled" and the ESA must help with that disability.

I am fairly convinced that the letter by the physician does not establish "disability". The doctor is not returning my calls.

Any idea on how to proceed? Or should I fold and just hope for the best. My concern is that should something bad happen with the dog, my insurance company may state that I did not do my due diligence before allowing the dog into the house. I have established the dog was in the unit for at least a month before I spotted it, and the doctor has been suspended twice in the past for malpractice.

[Richard C.]

For the love of all that is holy, talk to a lawyer before taking the advice to just toss her out. Otherwise, you may not have to worry about managing the property any longer, and she may not have to worry about asking a landlord's permission for anything :).