can my land lord kick me out if my wife gets a service dog? our apartments don't allow dogs.
4 Answers from Attorneys
No. A service dog is not a pet. A lamdlord must allow a service dog even if he has a "no pet" policy. A termination of a tenancy because of a service animal would be an act of discrimination.
Service dogs are exempt from such ("no pet") policies pursuant to ADA. If you and your wife are being evicted because of the service dog, you (a) have a viable defense against eviction, and (b) a very good lawsuit against the landlord for violation of civil rights.
If the landlord tries to evict you by 3 day notice, you should prevail in the eviction and also have an action under American Disabilities Act. I had to unfortunately defend one of these cases in the past.
Related Questions & Answers
Hello, I was in a one year contract for an apartment and my rent was $1,680, my rent... Asked 2/19/12, 5:38 am in United States California Landlord & Tenants
I am renting an apartment with no written lease. The oral agreement with the... Asked 2/19/12, 2:03 am in United States California Landlord & Tenants
For a proper notice to be valid regarding a 60-day notice to vacate so the... Asked 2/18/12, 11:30 pm in United States California Landlord & Tenants
I live in California and rented a apartment in Georgia. I sent in my deposit and 1st... Asked 2/18/12, 7:13 pm in United States California Landlord & Tenants
Does the owner/landlord have to pay me relocation payments when a notice to vacate... Asked 2/17/12, 10:55 pm in United States California Landlord & Tenants