All Forum Posts by: Denise Evans

You need to understand the risks of a void tax sale, and the risks of judicial redemption rights. I have some blog posts on these two things. Please review them. Even though your seller has a tax deed, the former owner might still have redemption rights.  Those are called judicial redemption rights. Lienholders might also have redemption rights.  PM me if you want details.

Go to www.alabamalegals.com, select a county, and view everything for any time period during the preceding 90 days. The Sirote lawfirm website also has the foreclosures they do. Often, the night before a foreclosure, they will post their anticipated opening bid.

If the landlord's insurance prohibits certain breeds AND if the landlord demonstrates it cannot obtain comparable other insurance at comparable rates, then it may prohibit that breed, even if it is an otherwise allowed companion animal.

@Account Closed, I did not mean to imply that any kangaroo or gorilla could be a companion animal. I only meant to make the point that unusual animals can be companion animals. I recently attended a seminar conducted by an ATTORNEY in which he stated that snakes could not be companion animals, legally. That is not true. There is no "per se" prohibition against particular animals. In fact, HUD says that a breed thought to be dangerous, such as pit bulls, must be allowed unless there is knowledge that the particular animal is a danger to other people. You are right, the accommodation must be reasonable.

Hi @Jason Clinton, I went to Owen J Roberts as a kid. We were football rivals!  I'm in Alabama now. Much warmer

@Mike Cumbie, that is excellent advice to inspect and require repairs immediately. It avoids the problem of repairs mounting up in excess of the deposit, and is also "trains" the tenant to take better care  of the property.

@Andy D., a "service animal" is highly trained and probably a very low risk of injury to property or others. An "assistance animal" requires no training or certificates.  A puppy, snake, kangaroo or gorilla can be an assistance animal. Only a trained and licensed dog can be a service animals. Please do not make rental decisions based on assumptions about the animal's character or training.

Assistance animals are usually the emotional support animals.

Under Fair Housing laws, landlords cannot discriminate against people with service animals OR assistance animals.

Under the Americans with Disabilities Act, public places cannot discriminate against persons with service animals. Assistance animals are not protected under the ADA.

@Thomas S., It is not my desire to discuss the moral or ethical facets of the fair housing laws. Instead, let's put this on a business basis. We all take risks in business.  You choose to take a risk that you will be hit with fair housing and discrimination complaints, fees, and penalties, but you think that risk is worth the benefit you gain by retaining complete control over tenant selection. People might or might not agree with your motives, but that is your business decision.  For other readers who wish to disregard the moral and ethical issues, or who disagree with prevailing views on those things, then you must make the same cost/benefit analysis as Greg.  "How likely is it that I will be caught, and what are the consequences of getting caught?"

In the United States, Fair Housing testers are very active. They typically earn $25 to $50 for each "test" contact. This is how they earn their living. HUD and the local housing authorities are very experienced and sophisticated investigators, and will often "set up" a landlord by sending in 4 or 5 testers at a time. Some are in a protected class, and some are not. All have detailed records of their contacts, what was said, what was submitted, when it was all done, and what follow-up occurred. They research the online forums looking for comments people share about how it is their business practice to illegally discriminate. You cannot be glib and think you will not be caught. You might not, but you can't count on it.

In the United States, a first offense fine is $16,000 per discriminatory event.  There is usually also a requirement of education, advertising, and other time consuming and expensive activities.  You are then a target for future testers. A second offense carries a minimum fine of $42,500.

Landlords, choose your actions carefully, after consideration of the consequences, and the availability or non-availability of insurance coverage.  In addition, if you are going to do anything illegal, keep your thoughts to yourself. US Senators are not the only ones who find themselves embarrassed by "private" written thoughts coming into the light of day.

Finally, for everybody, talk to your insurance agent about Fair Housing coverage. Sometimes it is included as part of the standard landlord policy. Sometimes it is a separate rider.  You can run afoul of the Fair Housing laws even with the best of intentions, or someone could misunderstand something you said, or someone might just outright lie about their interaction with you. You need coverage to pay the lawyers to defend you, even if you are innocent.

@Amanda S., it is a matter of routine inspections to discover if they are complying. If you do not have property management software that includes a module for inspections, i recommend SnapInspect.com   They have a cloud based and phone app system that is incredible, very reasonably priced, and easy to use. They also have a free trial period.  

For animal urine smells, I recommend one of the enzyme based sprays, such as Rug Doctor Platinum Urine Eliminator. The enzyme products work chemically to change the urine into something that is harmless and does not smell bad.  It is not "snake oil."

Good luck!

Greg, You probably have different laws in Canada. This is a United States legal issue.  If someone in the United States did what you do, they would be subject to a Fair Housing complaint, unless they fit within the size limitation exemption.