Can I be evicted for having an emotional support animal if the lease says no pets?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I be evicted for having an emotional support animal if the lease says no pets?
I’m mentally disabled, Social Security is paying me disability as I’m unable to function normally outside the home. I have a cat for emotional support. My doctor keeps telling me to give a letter from her to my landlord informing them I have the ES cat. She says they can’t kick me out even though the lease says, “No pets under any circumstances! Violation will result in immediate eviction!” (all in caps). I’m afraid to give it to landlord, so instead I’m hiding my cat causing extra stress on myself. A friend told me they might charge extra money, I can’t afford, for the cat if they do let me stay. Can landlord charge extra for ES animal?
Asked on September 23, 2011 under Real Estate Law, Michigan
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First and foremost, you need to check with your local ADA support center to see if an emotional support animal qualifies under the ADA like a seeing eye dog or assist animal. If it does, make sure you get a letter from your doctor and the ADA to show you can have a pet and the landlord cannot discriminate for those reasons. You will most likely have to pay an extra security deposit for this animal, which is often used to help defray costs of cleaning and repair from damage caused by the animal purely living there (think urine scent and stains, clawing at walls). If your landlord allows you to have the animal but you cannot afford the deposit, you may indeed have to find new living quarters.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.