ESA Damage (by nana&papa [IN]) Oct 19, 2017 10:54 AM
ESA Damage (by Lana [IN]) Oct 19, 2017 11:10 AM
ESA Damage (by Barb [MO]) Oct 19, 2017 11:22 AM
ESA Damage (by Tom [FL]) Oct 19, 2017 11:50 AM
ESA Damage (by Nellie [ME]) Oct 19, 2017 11:57 AM
ESA Damage (by S i d [MO]) Oct 19, 2017 12:21 PM
ESA Damage (by Robert J [CA]) Oct 19, 2017 12:40 PM
ESA Damage (by nana&papa [IN]) Oct 19, 2017 1:50 PM
ESA Damage (by David [NC]) Oct 19, 2017 1:55 PM
ESA Damage (by razorback_tim [AR]) Oct 19, 2017 3:28 PM
ESA Damage (by DJ [VA]) Oct 19, 2017 5:35 PM
ESA Damage (by TOM [FL]) Oct 19, 2017 8:45 PM
ESA Damage (by BRAD 20,000 [IN]) Oct 19, 2017 11:12 PM
ESA Damage (by BRAD 20,000 [IN]) Oct 19, 2017 11:13 PM
ESA Damage (by J [FL]) Oct 20, 2017 6:52 AM
ESA Damage (by Vee [OH]) Oct 20, 2017 7:39 AM
ESA Damage (by Ray-N_Pa [PA]) Oct 21, 2017 11:24 AM
ESA Damage (by nana&papa [IN]) Posted on: Oct 19, 2017 10:54 AM Message:
State Specific Question About: INDIANA (IN)
We know we have to allow emotional support animals here in this state. However, what about ESA that cause damage to the property?
We have a tenant that after several months in residence now claims to need an ESA for stress (how a 20 year old can have stress is being us). We really think she is tryng to circumvent our usual pet policies (which require vet statements, extra rent, an insurance policy for damage, etc.).
She claims she is getting a statement from her doctor, but we have not seen it yet. The animal has already destroyed the carpet and scratched up doors.
If she does have a statement from the doctor, do we still have to allow her to stay there even though the animal is destroying the property?
Do you have to allow ESA that are destructive?
--75.103.xxx.xxx |
ESA Damage (by Lana [IN]) Posted on: Oct 19, 2017 11:10 AM Message:
No you do not. Document the destruction and bill her. Then sue for eviction based on destruction of property. --216.23.xxx.xx |
ESA Damage (by Barb [MO]) Posted on: Oct 19, 2017 11:22 AM Message:
Bill for the damage NOW!
She owes it. Don't take it from the deposit, send a bill NOW and give her a set amount of time (10 days?) to pay it. Hopefully your lease states that any unpaid charges are added to rent. If so, and they don't pay, they need to be added to the November rent. Then, if they don't pay the full amount, begin eviction for non-payment.
As for do you have to allow ESA that is destructive, generally NO. You can evict for unpaid damages and failing to control the animal. Heck - you can evict a trained service dog handler for unpaid damages and failing to control the animal!
Their disability does not give them the right to allow your property to be destroyed. --131.151.xx.xx |
ESA Damage (by Tom [FL]) Posted on: Oct 19, 2017 11:50 AM Message:
WOW Nana and Papa IN, Its amazing how some people with disabilities thinks that it's OK for the dog to tear up the place and then there are no consequences.
I guarantee you in the disability law it does not say that a dog can destroy a place and thats ok!! NEXT!!!
Immediately post a notice that you are charging for the damage and they have x amount of days to remedy. You have no paperwork on the ESA from the tenant. Itemize the cost of the damage. When they pay the next months rent then deduct it from the rent. I will bet that they do nothing with your first notice of damages and they will not remedy the issue. Once tenant pays rent then they will be in default of the monthly rent. Then start eviction!!! Let's hope you have it in your lease that unpaid damages are added to the rent. If not take the damages off the rent and serve notice for late fee and eviction. However, if you go to court let the judge decide on the fine print at that point. Your main objective is to evict this problem tenant, it's not about her disability and all about destructions of the rental unit. --99.56.xx.xx |
ESA Damage (by Nellie [ME]) Posted on: Oct 19, 2017 11:57 AM Message:
Hopefully you have great move in photos to compare to the damage photos. Take photos now of the damage. Get quotes for the repair costs and bill the tenant will a specific due date as indicated above.
When they move there will probably be more damage that you have not yet found. That is what the SD is for. --70.16.xx.x |
ESA Damage (by S i d [MO]) Posted on: Oct 19, 2017 12:21 PM Message:
Tenants are fully responsible for damages caused by their ESAs, service animals, and/or pets. The classification of the animal doesn't matter. Whether she has documentation "needing" the animal or not does not matter.
The damages are all that matter. Focus on the damages. Ignore the rest.
Get a bid for cost to replace/repair the damages and bill her. If she refuses to pay, file for eviction and add damages onto the bill. I would not put new carpet into a unit with an animal that has a proven history of property destruction.
Be sure to take a small square of the carpet in a plastic baggie for the judge to smell. (wink) --173.19.xx.xxx |
ESA Damage (by Robert J [CA]) Posted on: Oct 19, 2017 12:40 PM Message:
I had a tenant sneak in a cat, then a lover and now a ESA puppy. Afterwards they paid a quack doctor for a note assuring them I'd live in fear trying to enforce any kind or restrictions on their tenancy.
First complaint, barking when no one was at home. Second complaint, dog dropping on our lawn/common patio area. Third complaint, puppy attacks other male tenants and all cats.
I took up these issues with the dog's owner(s) and then received a letter from their attorney. It stated, "my poor tenants, the two of them, are doing the best that they can living in a small overcrowd one bedroom -- leave them alone or else!"
So I then filed complaints with "Housing", "the Health Department", and "animal control". All of the reports came back in my favor -- the dog is no picnic, mean and out of control, "IT WAS A RESCUE PUPPY with ISSUES"!
I started an eviction against them because they filed a restraining order against me, the mailman (who delivers mail to the mailbox's next to their front door) and my monthly pest control who sprays the property that disturbs their dog.
The key factor was "there were poor working class people that were doing their best". It turns out that they were so poor that they purchased a 4 bedroom home and moved before the court could rule against them -- they filed and received two extensions..... --47.156.xx.xx |
ESA Damage (by nana&papa [IN]) Posted on: Oct 19, 2017 1:50 PM Message:
We have informed them of the damage to date and what areas of the apartment -- it was so cluttered we could not see everything, AND made them pay that to us. We also put in the demand letter that there may be more charges, since we could not see every area of the apartment.
We will not make any repairs until they are gone.
Their lease is up at the end of the year. In the lease it states that the lease can be renewed (OR NOT) with 30 days written notice by either party. We will just tell them we are not renewing their lease (Happy Thanksgiving, Tenants!). At least we will be rid of them, keep their security deposit and also file in court if necessary to get damages for anything not covered by the up front money from them and the Security Deposit. We may not get anything out of them over that, but we will make sure to get a judgement on the record.
Don't get us wrong -- we love pets -- we have 3 dogs of our own. We have no problem with animals if they are truly a service dog or a LEGIT support animal for those who truly need them, and are responsible animal owners or recipients of the good these animals can do.
We were just worried about this ESA stuff. We know you can get in big trouble with the government on that, but since we have now found out we don't have to put up with the animal(s) destroying the property, we feel better.
Wish the government would get out of businesses -- the ESA restrictions are just a way for irresponsible pet owner tenants to not to have to pay pet deposits, pet rent, and follow all the other requirements for pet ownership.
--75.103.xxx.xxx |
ESA Damage (by David [NC]) Posted on: Oct 19, 2017 1:55 PM Message:
@ Robert Well if they bought a house now you got something to put a lien against. :-) --71.50.xxx.xx |
ESA Damage (by razorback_tim [AR]) Posted on: Oct 19, 2017 3:28 PM Message:
Evict for damaging your property. --70.178.x.xx |
ESA Damage (by DJ [VA]) Posted on: Oct 19, 2017 5:35 PM Message:
I don't think you need to worry about the "ESA Stuff" at all in this instance, since there is nothing (other than a promise to get it) that shows this animal IS an ESA. They just moved in an animal without getting permission or following any of the required steps. --68.105.xxx.xxx |
ESA Damage (by TOM [FL]) Posted on: Oct 19, 2017 8:45 PM Message:
Nana and Papa of IN, Don't forget to add to the damages your pet policy states in your lease the extra rent for the dog. PLUS tenant did not supply to you vet statements and insurance policy for damage this is a breach of your lease. Post the eviction notice immediately. Get them out of your unit!!! --99.56.xx.xx |
ESA Damage (by BRAD 20,000 [IN]) Posted on: Oct 19, 2017 11:12 PM Message:
N&P,
Documenting the damage is good but worthless. Bill them NOW for the anticipated repairs, before they leave, and not waiting to take it out of their deposit.
You need that whole deposit for the rent and repairs at move out.
BRAD
PS I've had discussions with an Indiana state senator and a congressman about writing a state law with fines for falsifying service animals. 19 other states have done this already.
True service animals are trained to not fight and are being attacked and injured by fake service animals.
BRAD --68.50.xx.xxx |
ESA Damage (by BRAD 20,000 [IN]) Posted on: Oct 19, 2017 11:13 PM Message:
And yes, the federal law is clear: you can deny poorly behaved dogs and charge for damage.
BRAD --68.50.xx.xxx |
ESA Damage (by J [FL]) Posted on: Oct 20, 2017 6:52 AM Message:
Are they allowed to move in the pet first, without permission, and then claim ESA?
Wouldn't that still be a lease violation because the pet was not an ESA yet at the time of move in?
So confusing. --72.188.xxx.xxx |
ESA Damage (by Vee [OH]) Posted on: Oct 20, 2017 7:39 AM Message:
Not much confusion, whether the damage is caused by a guest, a pet, a esa, or whatever it is the tenant is responsible for existing repairs - my lease forbids visiting or pet-sitting because some visitors are not guests nor willing to pay for the damages, take photos now - get estimates and add to next rent cycle, the only time I do a split is when the repairs exceed the rent value,so the next few months may be double payment till paid off. --76.188.xxx.xx |
ESA Damage (by Ray-N_Pa [PA]) Posted on: Oct 21, 2017 11:24 AM Message:
Robert.......was the lover that they sneaked in also considered for emotional support purposes too --24.101.xxx.xxx |
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