Legal Question in Disability Law in California

can landlord charge a tenant for a pet, when the tenant claims to be stressed?


Asked on 4/29/11, 4:45 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you claim to be stressed, you can claim that your pet is a Service Animal. There are new ADA rules which require that your pet must be trained to perform a specific task, the mere fact that your pet might purr or wag his tail isn't enough (I am completely serious). There are organizations that train and/or certify stress relief animals and/or issue them distinctive vests, for example therapydogs.com . While persons with disabilities who use service animals are theoretically protected by law, whether a pooch with a brightly colored vest will cut any ice with your landlord -- or the local judge who hears landlord-tenant cases -- is another matter. Maybe it would be worthwhile to pay rather than submit yourself to the extra, added stress of being evicted.

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Answered on 4/29/11, 5:02 pm
Terry A. Nelson Nelson & Lawless

IF the lease or rental agreement calls for a charge for pets, so be it. If there is no written agreement, then the landlord can impose a charge by giving notice to you upon discovery of the animal. That is the landlord's right to protect him from damages caused by pets.

If by "stressed" you mean that you have qualified and obtained issuance of a state certificate of medical need for 'service animal' use, and your animal has been state certified and qualified as trained for the intended medical purpose, then the landlord may not charge extra for your 'service animal'. As Mr. Stone said, just because you claim your pet calms you down does not give you legal grounds to object to an animal fee.

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Answered on 4/29/11, 5:49 pm


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