All Forum Posts by: Mahesh K.

@Marcia Maynard I know the dog has been in the property since at least March 1st. The tenant likes to post pics on social media ;) I also saw the dog had 2 pups but I couldn't conclude they were in my house. I found the dog a month later when I drove by (there was a "beware of dog sign" and the dog kept barking at me when I approached the gate to take a photo). So she wasn't trying to hide the dog. Yes ... typical entitlement mentality. She has lived in the unit for 3 years without the dog.

The tenant has violated several clauses of the rental agreement. We asked her for renters insurance (it is required in the lease) and it was originated 2 days after it was demanded. She obvious never had one for over a year.

The neighbor (it is a duplex) went on vacation and came back to find the tenant (or her son) had broken his cable box and jumped his cable. Cox has a report but they won't share it with me without the presence of the neighboring tenant.

The neighbor said they smoke a lot of weed and he can get high just by being around. He won't provide this to me in writing though. He says he doesn't want to go to court. Maybe that is what is causing her be "somewhat depressed".

Thanks for the advise. Will report back on how this pans out.

@Robert Taylor I have read that article in fair amount of detail. That article has a section "is the tenant with disability" and a sample letter from a service provider. I will be providing my tenant that letter so that her doctor can fill it out. If the doctor can verify that this tenant is disabled and hence has limitations that can be met by the companion, I will have have no issues with it.

In the interim, I did present the letter from the doctor to a lawyer. He said that doctor in no way said the tenant was disabled and was of no value to the tenants claim.

@Robert Taylor Keep in mind that when the 30 letter was served, there was no indication this was to be considered a companion animal. At that time the tenant said that she believed it was ok to have a dog on the property as long as there was a pet deposit. When the tenant was notified she signed a no pet policy as a part of the rental agreement, she sought legal advice and provided this a letter from the doctor.

@Eddie T. The tenant is on a month to month now since her lease is over.

It seems to me that with this tenant, I fight the legal battle here or maybe a more expensive one down the road when the dog does some damage. BTW, I am not suggesting that the tenant is not disabled. I just don't know if she is. The doctor is not willing to clarify either (which is pretty much why he used the words "somewhat depressed"). If the tenant is not disabled, I will not allow the dog for several reasons and a big one being my insurance will not cover it.

@Steve Babiak I am pretty sure insurance is required to cover a companion animal just as I am required to let them stay (ADA). They are not considered a pet. However, I think the animal will be considered a "pet" if the tenant is not disabled. In that case my insurance will not cover it as they have a list of dog they consider "attack" dogs, the pit bull being one of them. Ironically, that is why my tenant has "Beware of Dog" sign outside the unit.

So let me say right off that I have no plans to evict this person yet. At this point I am trying to educate myself before approaching a lawyer. I have also read HUD doc and the docs by a Disability Rights CA (an advocacy group).

The part that I am struggling to grapple with is ways to "establish disability". I did get a chance to talk to the Doctors assistant and she told me that the tenant was not considered "disabled" and the letter was more of a "request" and it was up to me to allow it. Well that is all fine and good but the tenants legal aid seems to think that it is sufficient. Besides, the doc hasn't gone on record to admit to the above.

The fact she got a dog into the unit without informing me doesn't matter (the lawyer Dornish quotes cases where the court did not hold that against the tenant). Insurance will probably cover me in case of service/comfort dog incident. However they will drop me son after or if it is proved that there was no disability to begin with, they might deny the claim. I have already notified them. I told the doctors assistance that doctor is also now liable. The doctor wasn't aware of the breed of the dog either.

Any recommendations on Lawyers in San Diego that deal with the issues related to disability law?

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.

Hello,

Does anyone know of a bank that will provide a line of credit based on the equity in a rental property in CA? TD bank does so but only on the east coast. Would appreciate any input. Thanks.

My lease states that it is "recommended" that they get renters insurance. If they have a dog, I require them to get one.