More details to this question:
Lived in apartment for 3 years with an emotional support dog, Pit. Never a problem, adequately licensed. Recently the dog accidentally got out and got into a fight with another dog. Both dogs were injured but no humans were hurt. Now landlord is trying to evict. Statement have been given by therapist after phone interview and the need for the animal was verified. Because interview was not personal, lanlord is pursuing. Owner is being treated currently for a mental disorder and on medication.
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
Unfortunately, ESA are treated differently than SA, especially when the animals are "dangerous breeds." There are also recent laws in Florida making it criminal to fabricate an ESA status by both phycisians and tenants as a means to circumvent pet restrictions, targeting "online" psychology or therapist schemes rsometimes referred to as an "ESA ATM" where people essentially pay for a therapist letter that is dubious as to credibility. That stated, even an SA would run afoul if it attacked another animal. The issue here will be whether the remedy is eviction or removal of the animal vs. expensive litigation defending an eviction and risking having an eviction on the rental record. You will need to retain a lawyer to intervene and address this at some expense. You can check to see if legal aid can intervene.
Answered on Nov 09th, 2023 at 10:29 AM
All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.