# is this legal?



## juliejujubean (May 4, 2011)

my apartment sent out "courtesy" copies of leases to try to get us to renew... my lease is not over for another 7 months..
well that is not the point... I have paid my pet deposit and they are not allowing pets starting next lease based on new managment.. thats fine too, im moving out. but here is the kicker...

"Pets, owned or visiting, are not allowed in the Apartments or on the Premises at any time, with the exception of APPROVED service animals. Approval must be granted PRIOR to service animal entering or residing on the premises... the following rules shall apply to a violation to this policy"
it goes on to say you have to change the carpet and pay fines if you are caught with any animal... even a service animal of a guest that is not APPROVED...

Needless to say, I don't think they will have as many residents here as they had before they bought the complex.


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## juliejujubean (May 4, 2011)

*bump*
sorry, normally don't bump, but no one seems to wanna bite tonight


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## Harley0312 (Oct 17, 2011)

I dont think they can legally change your contract that has previously allowed your dog. they have the options not to renew but they can not change it half way through.


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## juliejujubean (May 4, 2011)

Harley0312 said:


> I dont think they can legally change your contract that has previously allowed your dog. they have the options not to renew but they can not change it half way through.


Well they are "graciously allowing" us to keep our pets for now... but Im not renewing, im just worried about their mumbo jumbo about the service animals.. I just think its funny cause my dad is visiting tomorrow with his.

i would like to see them try to do something about it...


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## Harley0312 (Oct 17, 2011)

juliejujubean said:


> Well they are "graciously allowing" us to keep our pets for now... but Im not renewing, im just worried about their mumbo jumbo about the service animals.. I just think its funny cause my dad is visiting tomorrow with his.
> 
> i would like to see them try to do something about it...


They cant legally do anything, because the contract that you signed says nothing about it, if they try to peruse it you will win, unless they give you the option of signing a new contract for the remainder of the lease or giving you 30 days to move out.


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## ILGHAUS (Nov 25, 2002)

Rentals are not under the same laws and regs as say taking a SD into a grocery store or other location not open to pets.

Rentals may fall under one of the following or none of the following:

*The Fair Housing Amendments Act of 1988* - applies to most forms of rentals, exceptions are housing with four or fewer units where the landlord lives in one of the units, and (b) private owners who do not own more than three single family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements.

*Section 504 of the Rehabilitation Act of 1973* - receive federal assistance, such as public or subsidized housing.

*Title II of the Americans with Disabilities Act of 1990* - housing owned by state or local government, or its instrumentalities, regardless of federal financial assistance. 



> " ... Approval must be granted PRIOR to service animal entering or residing on the premises... "


First thing, a disabled tenant should always write a letter to the landlord requesting a reasonable accommodation before acquiring a SD or moving into any rental with a SD. 

A landlord has the right to request proof that the tenant is legally disabled and also that the dog has received some type of training.


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## rjvamp (Aug 23, 2008)

I would agree that based on ur current lease they cannot modify it unless you agree. And of course you don't have too. Check also with your local housing authority and let them know what is going on. They also cannot require you under your current lease to change carpet if it was not in there prior; thus the reason you normally have a pet deposit to take care of those general things.


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## Germanshepherdlova (Apr 16, 2011)

ILGHAUS said:


> *First thing, a disabled tenant should always write a letter to the landlord requesting a reasonable accommodation before acquiring a SD or moving into any rental with a SD. *
> 
> A landlord has the right to request proof that the tenant is legally disabled and also that the dog has received some type of training.


And it would be in the landlords best interest to approve the accommodation or risk a lawsuit.


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## ILGHAUS (Nov 25, 2002)

There have been cases that have gone to court in which landlords have won over SDs without approval or guests with SDs without approval so don't rely on replies of members from this forum unless they are qualified attorney's willing to represent you in court. 

Now, from my understanding you are saying this info that you just received is dealing with new owners and only goes into effect if you renew your lease. So I'm not seeing what the problem is as you said that your current lease is in effect for seven more months and your dad is visiting tomorrow. Did I not read your post correctly?


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## Germanshepherdlova (Apr 16, 2011)

They almost have to approve the service animal. But as previously stated a reasonable accommodation must be requested AND medical proof of the disability may have to be provided. Not like a store where they are not allowed to ask what your disability is the rules are different for rentals but if the service animal is necessary the accommodation certainly should be granted.


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## juliejujubean (May 4, 2011)

I mean though they have to "approve" a sd to visit. Thats what got me.


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