Problem with a tenant. (leasing, eviction, house, legal)
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Hi I'm currently leasing out a room in my house to this 40 years old lady who is disable ( mental pain ). It's been 4 months that she rent here and in the second months she bought in a dog without my notice ( I was on vacation when she bought in the dog). Upon my return I find out and she ask me to let her keep her dog, her reason was that the dog is 12 year old and doesn't have long to live. At that point I clearly stated that I have pet allergies, and I tell her we'll try it if it work out.
It been 2 months since the dog been in my house and my allergies gotten worse. I asked her to get rid of the dog or we have to let her go. Month past and nothing had been done with the dog so I give her a 30 days notice to move out. Then the problem start she tell me that I can't make her move because I'm violating the FHA or Fair Housing Act.Because she need the dog for her disabilities for what I was told. I don't have any prove that she does need the dog for her disabilities. Am I violating the rule?
Ps: In the contract it a month by month lease. Also, when she sign the contract I clearly stated that there will be no pet and she didn't put that she need a pet for her disablties until I ask that the dog need to go.
Thanks please help me out. I can't live with this lady another month.
Unfortunately, Drock . . . nowadays the tenants seem to have more rights and better protection than the landlord but in this case I believe you have clear-cut legal grounds.
If the "month to month" clearly states NO PETS then first thing Monday morning I would be at the local courthouse filing the necessary eviction papers. It may take a couple of months but it is obvious your tenant is taking advantage of the system and if she wins this one . . . what's next?
If she didn't say anything about a dog when you rented to her and you clearly told her no pets, she can't now turn around and claim that she's being discriminated against. I doubt she has any proof at all that this is a service dog but even that makes no difference after the fact.
Did you give her the notice in writing? This you must do. You do not need to give any reason for telling her to move as she's on a month to month. Just give her 30 days written notice, tell her what date she has to be out and don't have any more conversations with her about it. If she doesn't start looking for a place and you feel she's simply not going to move when the time comes then go talk to someone in your local Legal Aid office and see what steps you'll have to take if she refuses to move. Good luck!
... then first thing Monday morning I would be at the local courthouse filing the necessary eviction papers. It may take a couple of months but it is obvious your tenant is taking advantage of the system and if she wins this one . . . what's next?
As said, he does have to give her notice in writing and he can't file for eviction until the date she was supposed to leave has passed.
Yeah that the thing she keep saying I'm discriminated agaisnt her rights base in that FHA law. As for the dog I hardly believe that it's a service dog it hardly move. I did give her a evicted note and she must be out in the 28 of february in violation of contract.
Yeah that the thing she keep saying I'm discriminated agaisnt her rights base in that FHA law. As for the dog I hardly believe that it's a service dog it hardly move. I did give her a evicted note and she must be out in the 28 of february in violation of contract.
As I said, you do NOT have to give any reason at all for telling a person to leave who is on a month to month. All you have to do is give them written notice and that's all there is to it. Also, you are not legally "evicting" her. Eviction is the legal process of getting rid of someone through the courts (something you may end up having to do if she refuses to leave) but all you are doing is exercising your right to regain use of your space which is perfectly normal and perfectly legal.
I'd really doubt that law would work anyway, since she's renting a room in your home and you're allergic. I almost laughed that she tried to pull this. I cant fathom a Judge saying you have to suffer and be forced to have a pet in your house. I'd be gettig rid of her as soon as I could. Good luck.
She's trying to assert the rights of a service animal, which is not considered a pet, but it doesn't sound as if this dog is.
Since she lives in your home, even if she lost her vision (for example) and needed a guide dog, I don't believe she could assert this argument.
Do you know if your area has a waiting list for Section 8 or if there is subsidized housing for the disabled that are low income? It might be worth the time to do a little research helping her to find the resources to get her own place, and she likely isn't capable of doing this on her own. You can also call Social Services and explain the situation. It is not uncommon for those with pysch disorders to choose to become homeless instead of relinquishing ownership of a pet. While this isn't your responsibility, it might be the least painful solution for you both.
Its not mental retardation, it more like she was in a car crash when she was in her 30 and has broken her leg. Which broke all her bone, so the doctor replace it with metal. Now she having pain in her head cause by her leg.
Its not mental retardation, it more like she was in a car crash when she was in her 30 and has broken her leg. Which broke all her bone, so the doctor replace it with metal. Now she having pain in her head cause by her leg.
I'm just trying to offer an option. There are many with pysch issues that need help that aren't retarded. Does your rent money come from her or is someone else on charge of her finances?
If she has pain that would be a claim of physical disability. If she is receiving SSI or SSDI based upon a pysch claim you likely don't know her diagnosis. People often hide the truth since it's embarrassing.
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I'd be gettig rid of her as soon as I could. Good luck.
