Legal Question in Landlord & Tenant Law in California

can my land lord kick me out if my wife gets a service dog? our apartments don't allow dogs.

Asked on 2/20/12, 10:32 am

4 Answers from Attorneys

Brian Rosales Harris, Rosales & harris

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.

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Answered on 2/20/12, 10:51 am

Armen Tashjian Law Offices of Armen M. Tashjian

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.

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Answered on 2/20/12, 12:36 pm
Larry Rothman Larry Rothman & Associates

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.

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Answered on 2/20/12, 12:58 pm

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