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Old 07-02-2008, 08:54 AM   #31
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I was reading up on Service Animals a little and it seems some states don't even have a certification for a service animal. A business can only ask if your dog is a Service Animal but they cannot ask for certification papers. Also google, emotional support animals in "no pets" housing. There's a lot of info. I'm sure there's a way around this. I'd start looking for a therapist/psychiatrist now (hehehe). You just may be able to have your cake and eat it too! Yay!
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Old 07-02-2008, 08:54 AM   #32
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I'm sooo happy for both you and Pokey. No matter what happens, you'll be together. Don't make any hasty moves because, like everyone said, the new owners may not be able to do this, at least not while you still are under your lease. I work in a courtroom and I spoke to my judge. He advised me that the new owners shouldn't be able to change the terms of the lease until that lease expires. Now, once it your lease is up, that's a whole different ballgame. I think you should really look into Pokey being considered your "service" dog. That would be wonderful, then no one can refuse you and you'll have your baby with you always. I may even look into that -- LOL.
I live in a 'no pet policy" too . I am on SSDI and disabled. I had my doctor write a letter about having a service dog . What it is , is that you are requesting resonable accomadations for the animal. A "service dog" is not considered a pet by law. The dog is there for a purpose. So , by law , a landlord/owner is required to make resonable accomadtions in allowing a service animal. the only way they could get around it is if it was a financial burden to them, or if they would have to make structural changes to the unit. Be aware that the tenat does need to show proof of the disabilty. However, the tenat does not need to disclose the disabilty. A service animal is not the same thing as an emotional support animal, neither is a companion animal.
If you decide to go this route, then Be sure to have your doctor write that you need a "Service Animal" It is very important that the doctor use the right words in the letter .
When you here back from the landlord/owner, be sure to have everything in writing. There is anther thing too. If a owner is going to evict a tenat, then it does go to court .SO they could actually have a hard time enforcing the new no pet policy to tenats who are already there, and signed a lease! Do not let these Owners bully you! Or scare YOU! that is what they are doing.
By the way, I was able to get a "service animal" My service animal is Suzi, she is now 4 months old, and she has already helped me tremendously!
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Old 07-02-2008, 09:02 AM   #33
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I have sought my own attorney and the tenants in my complex have sought one too. The kicker is that I clearly signed my contract and there is a clause stating that if the place is sold that I agree to abide by the new owners rules. So there is our fight. But I agree with the persom that said maybe all of us can confront the new owners in peace and plead to them that we came here for the the love of our pets. This place is known as an excellent pet home! I know for a fact we would all be willing to pay more of a pet deposit just to keep our babies here. (not to forget I already paid a $1000 pet deposit!) But if they let me keep her and my dream home I am willing to pay more!
I spoke to my judge regading this clause. He said its too ambiguous. That means a new owner would be able to come in two days later and change rent, length of lease, any number of things. People fight over contracts in court all the time. The owner would have a major fight with 150 contracts and that's a whole lotta $$$$ in attorney's fees.
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Old 07-02-2008, 09:04 AM   #34
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I live in a 'no pet policy" too . I am on SSDI and disabled. I had my doctor write a letter about having a service dog . What it is , is that you are requesting resonable accomadations for the animal. A "service dog" is not considered a pet by law. The dog is there for a purpose. So , by law , a landlord/owner is required to make resonable accomadtions in allowing a service animal. the only way they could get around it is if it was a financial burden to them, or if they would have to make structural changes to the unit. Be aware that the tenat does need to show proof of the disabilty. However, the tenat does not need to disclose the disabilty. A service animal is not the same thing as an emotional support animal, neither is a companion animal.
If you decide to go this route, then Be sure to have your doctor write that you need a "Service Animal" It is very important that the doctor use the right words in the letter .
When you here back from the landlord/owner, be sure to have everything in writing. There is anther thing too. If a owner is going to evict a tenat, then it does go to court .SO they could actually have a hard time enforcing the new no pet policy to tenats who are already there, and signed a lease! Do not let these Owners bully you! Or scare YOU! that is what they are doing.
By the way, I was able to get a "service animal" My service animal is Suzi, she is now 4 months old, and she has already helped me tremendously!
This is such great advice. I think there is definitely light at the end of the tunnel. I'm so relieved. And if they do try to evict, they may need to pay "relocation" fees.
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Old 07-02-2008, 09:11 AM   #35
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wow that is just plain wrong! I am so sorry. In my bf's building this couple had 2 dogs, a couple years ago. Well they were i think the only ppl in the building with dogs. The owner tried to ban the dogs and told them to get rid of them. Here there is a law that says if the dog has been living with you on your property for more than 90 days they are considered part of the property, or family. So they got an attorney, showed pics of the dogs when they are puppies in their apt. and they won and got to keep them there. I would def. fight and not let that guy get away with it. He is cruel!
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Old 07-02-2008, 09:13 AM   #36
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I just don't get the fact that the community has 2 dog parks and now they are saying no dogs??? That doesn't make sense to me!
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Old 07-02-2008, 09:14 AM   #37
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Aren't the new owners breaching the contract? When you signed on, the contract said you could have a dog. If they breach the contract and you have to move - you wouldn't have to pay them anything.

I would seek legal help if I were you.
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Old 07-02-2008, 09:18 AM   #38
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Sorry you're going thru this. Good move to contact an attorney anyway. No matter if the contract/lease says you must abide by the new rules if sold, there should definitely be no way you should be conisdered breaking the lease and being penalized for it if you decide to me. If you do decide to move, I would definitely fight that part.
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Old 07-02-2008, 09:26 AM   #39
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If it were me; I would start looking for another place to live, because if they are capable of that kind of tacky behavior, they won't stop there, and I would suspect living there with a pet or no pet will eventualy become a huge pain in the rear.

I would also call an attorney. You signed a lease under one understanding and they are changing that lease now. I would venture to say you may have a case, and if enough of the current residents banned together, you may have a class action law suit. To hold you accountable to the lease when THEY changed the peramiters is wrong at the very least and may be a point for a law suit.
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Old 07-02-2008, 09:43 AM   #40
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I, personally, would go the lawyer route because I am sure that a lot of people would not have moved in that place if it weren't for the area and pet friendly nature. A 60 day notice of that nature along with the ultimatum they gave you is preposterous, ESPECIALLY with the housing and economy crisis right now.

I think it would make a great lawsuit (if there is such a thing).

Keep up posted and I'll be thinking of you!
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Old 07-02-2008, 09:44 AM   #41
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I agree, I would fight it. Shouldn't they be following whatever it says in your lease?! And does your lease not say it is OK for pets?? Maybe it would be OK to not let any new tenants bring dogs in b ut to tell exsisting tenants they have to get rid of their dogs?! I would fight it!! I agree-contact local news station and cause a big stir.

I mean, what if the new owners came in and said "Children are no longer allowed to live here." Would people have to ship off their kids?? They can't expect you to just give up a member of the family so easily.
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Old 07-02-2008, 09:52 AM   #42
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That just sounds illegal somehow. Personally, I'd be contacting the media. That's just plain wrong.
I couldn't agree more. You simply must pursue all means before you move out or give up your baby. The new owners sound like criminals to me.
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Old 07-02-2008, 11:42 AM   #43
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Hmmmm..........I think you could fight this one. If you have a 2 year lease, but then they change the terms of the lease by not allowing pets now......they are breaking the lease, not you.
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Old 07-02-2008, 11:54 AM   #44
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The company I work for owns, leases, rents homes, apts, and condo's. They also buy and sell too. Our attorneys state that if rental property is sold and there is a binding lease with current tennents there is two options if the new owners want to make changes to anything contained in the rental agreement before term is up. New owners can opt to "buy out" occupants current lease and the tennent can agree to move, or wait until lease is up, then make the changes to new lease. If it is a clause of no pets, or new restrictions the new owner must provide in writing to each tennent the noted changes and give a 30 day notice even if the lease it up sooner.
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Old 07-02-2008, 11:55 AM   #45
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Boy! I feel for you. And breaking a lease at the tune of $6000 is nothing to sneeze at. My prayers go out to you, and I hope you and the rest of the tenents can change the new owners minds---at least until the leases are up. It's the only right thing to do.!
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