ESA issue

TeresaBelle

<font color=magenta>Still sleeps with a security b
Joined
Mar 7, 2005
Hi all! Let me preface this by saying I LOVE animals! We have two dogs, six cats and DD has a hamster in her off campus college apt.

DD shares an apartment with 3 others. One roommate came back after Thanksgiving break and told them (not asked them), “By the way, I wanted to let you know that I’m getting a Husky puppy in January and it’s going to be an emotional support animal because I talked to my therapist.” Normally, as part of their lease someone getting dog would have to have the approval of all roommates. They’d have to pay a pet deposit of around $300 and $10 extra a month rent, and there would be a weight limit of 40 lbs, since they’re on the second floor. All of this is waived because it is considered an emotional support animal. My DD and the other two roommates are not happy about this. They came up with a list of talking points/questions/concerns they had and sat down with the roommate to discuss. The concerns include; noise, damage to furniture and the apartment, training, crating, etc. The roommate only has two classes on campus, but also works two jobs, so they’re afraid the puppy will be crated most of the day. They asked if roommate would consider a smaller dog, maybe one that’s a little older with basic training. Nope, this Husky puppy was apparently born recently, and is already bought and paid for. She showed them pictures. Regarding the noise, roommate said she’d have plenty of ear plugs stocked up for if the puppy gets too loud. The roommates should not have to wear ear plugs in their own apartment! I told my DD to speak to someone in the leasing office directly to see if they can get in writing that they’re against this and that they’re not responsible for any damages a puppy may cause to the common areas of the apartment. She did and was told because it is a joint lease, they'd all be held responsible for any damages. I just don't see how that's fair. DD went to Student Legal Services and got help writing up a separate 'Roommate Agreement' stating that the dog owner would be responsible for all damages/complaints, etc. But they can't make her sign it.

And I don’t know what to do if the puppy damages any of my DD’s furniture or belongings? Any advice? It doesn’t seem like there is anything the roommates can do to stop this. Anyone have any experience with training Husky puppies? I don’t know this roommates’ medical/mental issues, maybe she truly does need an emotional support animal, but I feel like this really is just a way to circumvent the rules and get the dog she wants! I would think trying to raise a rambunctious puppy in one bedroom of an apartment while juggling school and work, would be super stressful and not good for your emotional health.
 
So, the apartment community grants ESA the same protections as Service Animals? That seems odd. I'd suggest your daughter and other roommates, if they want, find a new living arrangement and walk out of the lease. The people left will be responsible for the lease and will have to find new roommate(s) or pay the difference. This happened to me...I had 2 roommates move out suddenly to live with boyfriends and I had no discourse with getting them to be responsible for their portion of the lease. Basically, joint leases mean nothing unless all parties violate the terms simultaneously. I had to go through a litany of horrible roommates (a drug addict, a sex addict, a schizophrenic woman who wanted to eat my fingers because she thought I was a witch...).

What this girl is doing is completely disrespectful.
 
I would recommend the puppy owner look into doggy day care while she is at work or school.

I agree this is a good idea, but this roommate already complains that she barely has enough money to get by. I doubt she'll be able to afford doggy day care.
 
Hi all! Let me preface this by saying I LOVE animals! We have two dogs, six cats and DD has a hamster in her off campus college apt.

DD shares an apartment with 3 others. One roommate came back after Thanksgiving break and told them (not asked them), “By the way, I wanted to let you know that I’m getting a Husky puppy in January and it’s going to be an emotional support animal because I talked to my therapist.” Normally, as part of their lease someone getting dog would have to have the approval of all roommates. They’d have to pay a pet deposit of around $300 and $10 extra a month rent, and there would be a weight limit of 40 lbs, since they’re on the second floor. All of this is waived because it is considered an emotional support animal. My DD and the other two roommates are not happy about this. They came up with a list of talking points/questions/concerns they had and sat down with the roommate to discuss. The concerns include; noise, damage to furniture and the apartment, training, crating, etc. The roommate only has two classes on campus, but also works two jobs, so they’re afraid the puppy will be crated most of the day. They asked if roommate would consider a smaller dog, maybe one that’s a little older with basic training. Nope, this Husky puppy was apparently born recently, and is already bought and paid for. She showed them pictures. Regarding the noise, roommate said she’d have plenty of ear plugs stocked up for if the puppy gets too loud. The roommates should not have to wear ear plugs in their own apartment! I told my DD to speak to someone in the leasing office directly to see if they can get in writing that they’re against this and that they’re not responsible for any damages a puppy may cause to the common areas of the apartment. She did and was told because it is a joint lease, they'd all be held responsible for any damages. I just don't see how that's fair. DD went to Student Legal Services and got help writing up a separate 'Roommate Agreement' stating that the dog owner would be responsible for all damages/complaints, etc. But they can't make her sign it.

And I don’t know what to do if the puppy damages any of my DD’s furniture or belongings? Any advice? It doesn’t seem like there is anything the roommates can do to stop this. Anyone have any experience with training Husky puppies? I don’t know this roommates’ medical/mental issues, maybe she truly does need an emotional support animal, but I feel like this really is just a way to circumvent the rules and get the dog she wants! I would think trying to raise a rambunctious puppy in one bedroom of an apartment while juggling school and work, would be super stressful and not good for your emotional health.
She needs an ESA when she's home after working her two jobs and attending classes? I call ******** and I'd be very unhappy if either a roommate of mine or one of my children's pulled that ridiculous stunt.

Is there any way your DD can get out of her lease and move?
 
So, the apartment community grants ESA the same protections as Service Animals? That seems odd. I'd suggest your daughter and other roommates, if they want, find a new living arrangement and walk out of the lease. The people left will be responsible for the lease and will have to find new roommate(s) or pay the difference. This happened to me...I had 2 roommates move out suddenly to live with boyfriends and I had no discourse with getting them to be responsible for their portion of the lease. Basically, joint leases mean nothing unless all parties violate the terms simultaneously. I had to go through a litany of horrible roommates (a drug addict, a sex addict, a schizophrenic woman who wanted to eat my fingers because she thought I was a witch...).

What this girl is doing is completely disrespectful.

Yes, that's what they're telling us, regarding the ESA's. DD truly wants out of this apt now. I just didn't know if we could do that, legally. I'll have to look into it.
 
The roommate told your DD “By the way, I wanted to let you know that I’m getting a Husky puppy in January and it’s going to be an emotional support animal because I talked to my therapist.”

In order to qualify for an emotional support animal, you must first have an ESA letter from a licensed mental health professional. Does she have this or is everyone just taking her word that a therapist recommended it?

Someone upthread suggested that the roommate should not leave the dog alone all day but rather take it to class and work. That won't work out because ESAs are only protected by the Fair Housing laws and the Air Carrier Act. Therefore, it would likely not be allowed in classrooms and her place of work since those places only have to accommodate Service Animals - which ESAs are NOT.

Edited to add that I see someone beat me to this.
 
Yes, that's what they're telling us, regarding the ESA's. DD truly wants out of this apt now. I just didn't know if we could do that, legally. I'll have to look into it.

Well, read the lease, but yeah, she can probably walk away and her roommates will be left with the burden of finding someone new or making up the difference in rent. When my issue happened, I was also in college, back in 1998. Multi person leases just exist for the purpose of having a legal record of who is living in the unit. Legally speaking, each individual is wholly responsible for the lease terms should the others fail to pay rent, or simply walk away.
 
Hi all! Let me preface this by saying I LOVE animals! We have two dogs, six cats and DD has a hamster in her off campus college apt.

DD shares an apartment with 3 others. One roommate came back after Thanksgiving break and told them (not asked them), “By the way, I wanted to let you know that I’m getting a Husky puppy in January and it’s going to be an emotional support animal because I talked to my therapist.” Normally, as part of their lease someone getting dog would have to have the approval of all roommates. They’d have to pay a pet deposit of around $300 and $10 extra a month rent, and there would be a weight limit of 40 lbs, since they’re on the second floor. All of this is waived because it is considered an emotional support animal. My DD and the other two roommates are not happy about this. They came up with a list of talking points/questions/concerns they had and sat down with the roommate to discuss. The concerns include; noise, damage to furniture and the apartment, training, crating, etc. The roommate only has two classes on campus, but also works two jobs, so they’re afraid the puppy will be crated most of the day. They asked if roommate would consider a smaller dog, maybe one that’s a little older with basic training. Nope, this Husky puppy was apparently born recently, and is already bought and paid for. She showed them pictures. Regarding the noise, roommate said she’d have plenty of ear plugs stocked up for if the puppy gets too loud. The roommates should not have to wear ear plugs in their own apartment! I told my DD to speak to someone in the leasing office directly to see if they can get in writing that they’re against this and that they’re not responsible for any damages a puppy may cause to the common areas of the apartment. She did and was told because it is a joint lease, they'd all be held responsible for any damages. I just don't see how that's fair. DD went to Student Legal Services and got help writing up a separate 'Roommate Agreement' stating that the dog owner would be responsible for all damages/complaints, etc. But they can't make her sign it.

And I don’t know what to do if the puppy damages any of my DD’s furniture or belongings? Any advice? It doesn’t seem like there is anything the roommates can do to stop this. Anyone have any experience with training Husky puppies? I don’t know this roommates’ medical/mental issues, maybe she truly does need an emotional support animal, but I feel like this really is just a way to circumvent the rules and get the dog she wants! I would think trying to raise a rambunctious puppy in one bedroom of an apartment while juggling school and work, would be super stressful and not good for your emotional health.

Wow, that is ridiculous the roommate who is getting the dog has the power to veto everyone else. Not fair at all. I feel very sorry for all the other roommates. That is a load of you know what. 💩

I'd get out. I just foresee a world of turmoil, angst, and stress.
 
Really, the best option, if the other roommates are on your DDs side, is to basically tell that girl if she does this, she has to find a new place to live, or the rest will walk out on the lease. She may change her tune at that point.

I agree in theory but they can't kick her out.
The OP's dd will end up having to be the one to make the decision whether to leave or stay if the dog girl says no she isn't moving out.
Finding another place to live may not be so easy, especially since the semester will be starting in January.
 
You really need sound legal advice. It sounds your daughter is in a lease, so getting out of it could cost a lot of money if she just walks away. You need an attorney that understands the fair housing laws as well as understanding of service animals.

It's not that complicated. She is part of a joint lease. She can walk away without penalty. The responsibility lies with the remaining roommates to fill the void. The only other option is ALL the roommates agreeing to break the lease and divide the lease break penalty equally, and go their separate ways.

They can't force her out, but they can threaten to leave her high and dry, and she may reconsider this ridiculous plan.
 
It's not that complicated. She is part of a joint lease. She can walk away without penalty. The responsibility lies with the remaining roommates to fill the void. The only other option is ALL the roommates agreeing to break the lease and divide the lease break penalty equally, and go their separate ways.

They can't force her out, but they can threaten to leave her high and dry, and she may reconsider this ridiculous plan.

The landlord can go after any and all of the roommates if there is a default. Often in college towns, the leases are written such that each roommate is responsible for his/her share of the rent, but jointly for damages and default. If the roommate walks, the landlord goes after that specific tenant for rent. So she will be on the hook for rent and damages whether she is there or not.
 
In my daughter's case, they EACH sign the lease, and EACH roommate is responsible for their share of the rent for the entire year. If my daughter wanted to leave, SHE would either have to find a sub leaser OR she would be paying the landlord the rent for the remainder of the year. This is VERY common for college towns. Each roommate individually sends a check for their rental amount, as stated in the lease, every month, So in this case, OP's daughter can't just walk away, I'm guessing, without being on the hook.

In my opinion, the big problem is rentals and ESAs. As a landlord, my policy in general is that I DO NOT permit pets of ANY kind in any of my rentals (dogs, cats, gerbils...none). My view is that is is my house, my rules. Don't like the rules, move somewhere else or don't move in. Of course, I would make an exception for a trained service animal, no problem whatsoever. It peeves me to NO end that someone can now say "it's an ESA" and I have to accept them...no additional deposit, no additional rent, nothing. It's beyond annoying. So far, none of my tenants has pulled that crap on me, but as soon as someone does, that's it....selling the property in question. It's beyond unfair. I don't care if you want or even "need" an ESA, but like other things in life, sometimes that means compromises. As a renter, it's on YOU to find an apartment that accepts them and not force your choices on others.

Sorry, rant over.....

I feel very sorry for OP's daughter. The "roommate" is being extremely unfair, and I'd tell her that straight out. There's not a good remedy, but sometimes a little humiliation can be good for people. She would be told no in no uncertain terms that she's being an ***.
 

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