ESA issue

Joined
Oct 23, 2015
The above is all well and good for feelings, until the dog eats and destroys everything in the house and the owner doesn't care about some agreement they signed on a piece of paper. I wouldn't think that holds any legal standing at all.
I honestly don't know how well it stands up in court (probably depends on the judge, the grievance, etc) but it does give more leeway to an agreed upon understanding should something happen. Verbal agreements don't usually hold up, but at least a written and signed document means the parties tangibly agreed upon something.
 

Imzadi

♥ Saved by an angel in a trench coat!
Joined
Oct 29, 2004
2. ___________________, the sole owner of the dog, will assume responsibility for all
apartment damages caused by the dog. This includes, but is not limited to, damage
to the carpet and furniture.
I wish they had also added in: walls. Male dog like to pee on walls. Some dogs, especially during the teething phase, may find they can chew on plaster walls. I think this is the part landlords go craziest about. It's hard to get the smells out of the walls & floors. As well as repair walls to look smooth. I'm glad the girls added the "not limited to," part.


We looked it up. She's an online therapist. Not sure how legit that is, if this is indeed who she got her letter from. She's not licensed in our state either.
Then if the dog turns into a real problem, that may possibly be used to void the ESA? :scratchin
 
  • Pink Partridge

    Mouseketeer
    Joined
    Oct 3, 2016
    I disagree. I believe the internet has made it seem that way, but students have been suffering from anxiety and depression forever. They just dropped out, committed suicide, or suffered in silence, thinking that they should be ashamed of how they felt.
    I am sorry, but a puppy is not the answer. Especially a puppy that is not a good fit for an apartment. A Husky? That will be crated? She needs to take the dog with her wherever she goes if she needs one so badly.

    If you are going to drop out of school because you don't have a puppy, then you may need some time off to get your life together.

    If you are suffering or contemplating suicide because a Husky isn't shoved into a crate to be at your beck and call? You need medication and intensive therapy.
     

    TeresaBelle

    <font color=magenta>Still sleeps with a security b
    Joined
    Mar 7, 2005
    The above is all well and good for feelings, until the dog eats and destroys everything in the house and the owner doesn't care about some agreement they signed on a piece of paper. I wouldn't think that holds any legal standing at all.
    I thought this way at first too, but the people at student legal services told DD it's legally binding.

    Maybe an added layer of protection for the agreement is to have it signed and notarized in front of a notary. That way there would be additional witness third party with not stake in process.
    She signed it, and didn't really have to. I doubt she'd agree to go to a notary with them now.
     

    gwynne

    Happily planning our next adventure
    Joined
    Jan 1, 2012
    She signed it, and didn't really have to. I doubt she'd agree to go to a notary with them now.
    I agree. I don't see a big upside in escalating the situation by requesting a notarized signing.
    I feel for you. What a frustrating situation.
     
  • Imzadi

    ♥ Saved by an angel in a trench coat!
    Joined
    Oct 29, 2004
    She signed it, and didn't really have to. I doubt she'd agree to go to a notary with them now.
    I'm not sure a notary is necessary. If they need to take the dog owner to court, if it's under $2000(?) they would file it at Small Claims Court. Small Claims Court is BIG on trying to get all parties into mediation instead of before a judge. I doubt she'd go into the mediation room and say in front of 3 witnesses that she never signed it.

    Last I read, even if the roommates win their case, it may be next to impossible to actually receive any money. The court garnishes the person's wages. But, that person simply quits and gets another job, doesn't report where they are working, or works off the books. :rolleyes: End of money trail to garnish.
     
    Joined
    Oct 23, 2015
    I'm not sure a notary is necessary. If they need to take the dog owner to court, if it's under $2000(?) they would file it at Small Claims Court. Small Claims Court is BIG on trying to get all parties into mediation instead of before a judge. I doubt she'd go into the mediation room and say in front of 3 witnesses that she never signed it.

    Last I read, even if the roommates win their case, it may be next to impossible to actually receive any money. The court garnishes the person's wages. But, that person simply quits and gets another job, doesn't report where they are working, or works off the books. :rolleyes: End of money trail to garnish.
    Garnishing wages often varies from state to state on the reasons for it. I wouldn't assume that you can get a garnishment of wages even if a judge rules in one's favor as the state may prohibit the reason from qualifying.

    There's also limits in so how much can be garnished, how much per paycheck, etc.

    Normally garnishing of one's wages is a last effort and reserved for things more severe than what is likely going on.
     

    tzolkin

    DIS Veteran
    Joined
    Jan 3, 2008
    I am sorry, but a puppy is not the answer. Especially a puppy that is not a good fit for an apartment. A Husky? That will be crated? She needs to take the dog with her wherever she goes if she needs one so badly.
    Non-service animals are not permitted most places, so it's not an option for the roommate to take the dog wherever she goes. I do agree that a puppy is a horrible idea and the roommate should not get one, but if she's going to get a puppy regardless of whether it's right, a crate is the safest place for it to be when she is gone.
     
  • Pink Partridge

    Mouseketeer
    Joined
    Oct 3, 2016
    Non-service animals are not permitted most places
    Good. They are usually untrained. Barking and jumping. Emotional Support Animals are such a farce.



    …she's going to get a puppy regardless of whether it's right, a crate is the safest place for it to be when she is gone.
    Ridiculous. A husky is not an apartment dog. What a selfish young woman.
     

    LSUmiss

    DIS Veteran
    Joined
    Sep 8, 2014
    DD got back to her apt Saturday night. All roommates were there. The one did sign the roommate agreement! That makes us feel a lot better! No puppy yet. She says she's getting it Monday or Tuesday.

    These are the rules set forth in the agreement:

    IT IS THEREFORE AGREED AS FOLLOWS:
    1. Each of the roommates agree to follow the rules and conditions set out in the lease
    signed prior to this form, as well as, in this Roommate Agreement. All terms in this
    agreement must be agreed upon before the dog enters the apartment and must be
    followed for the dog to stay in the apartment for the remainder of the lease.

    2. ___________________, the sole owner of the dog, will assume responsibility for all
    apartment damages caused by the dog. This includes, but is not limited to, damage
    to the carpet and furniture.

    3. If any personal property is damaged by the dog, the owner will agree to replace that
    property in a timely manner.

    4. Any shedding or mess that is a result of the dog will be cleaned and kept up with by
    the owner.

    5. If the dog harms one of the tenants or a visitor, any medical expenses will be
    covered by the owner.

    6. In the case that the dog causes a major noise disturbance that impacts the tenants’
    ability to sleep and/or study in the apartment, the owner will address the issue by:
    I. taking the dog outside
    II. having pre-planned arrangements for the dog to stay elsewhere

    7. In the case that there are complaints from neighboring apartments due to noise, the
    complaints will be addressed and resolved by the owner.

    8. If the dog is harmed unintentionally, the owner will assume responsibility for any
    expenses that come as a result. This includes, but is not limited to, eating trash,
    plants, etc.


    Another interesting tidbit, and I may be flamed for assuming, but on the dining room table there is a letter addressed to the roommate from Telemental Healing. We looked it up. She's an online therapist. Not sure how legit that is, if this is indeed who she got her letter from. She's not licensed in our state either. :confused3
    I rest my case from all my previous comments. This is more typical than ppl having legit therapists recommend them.
     

    SharonZ

    DIS Veteran
    Joined
    Jan 2, 2002
    I'm a notary. The notary witnesses your signature and verifies that they confirmed your identity and that you were the person who signed the document. In this situation, there would be no need for a notary.
     

    TeresaBelle

    <font color=magenta>Still sleeps with a security b
    Joined
    Mar 7, 2005
    So, it's been two days. Luckily my DD hasn't had any direct issues, but the roommate in the room right next to the girl and her puppy has had trouble sleeping because of the puppy crying. DD woke up this morning to find a pile of earplugs on the dining room table!

    Husky girl apologized for the noise and said it wouldn't last long. Not sure how she knows?? Roommate in the next room told her she couldn't wear earplugs to sleep because then she might not hear her alarm in the morning.
     

    Attachments

    SC Minnie

    <font color=purple>Are we there yet???<br><font co
    Joined
    May 18, 2001
    So, it's been two days. Luckily my DD hasn't had any direct issues, but the roommate in the room right next to the girl and her puppy has had trouble sleeping because of the puppy crying. DD woke up this morning to find a pile of earplugs on the dining room table!

    Husky girl apologized for the noise and said it wouldn't last long. Not sure how she knows?? Roommate in the next room told her she couldn't wear earplugs to sleep because then she might not hear her alarm in the morning.
    The girls need to pull out the paper she signed and show her #6 again.
     

    Pea-n-Me

    DIS Veteran
    Joined
    Jul 18, 2004
    So, it's been two days. Luckily my DD hasn't had any direct issues, but the roommate in the room right next to the girl and her puppy has had trouble sleeping because of the puppy crying. DD woke up this morning to find a pile of earplugs on the dining room table!

    Husky girl apologized for the noise and said it wouldn't last long. Not sure how she knows?? Roommate in the next room told her she couldn't wear earplugs to sleep because then she might not hear her alarm in the morning.
    What's been happening during the day? How is the dog faring?
     

    crazylady

    DIS Veteran
    Joined
    Apr 22, 2012
    The girls need to pull out the paper she signed and show her #6 again.
    If the dog is going to be in the crate, roommate needs to train it to be in the crate so really roommate is doing the right thing. If she takes puppy out of the crate when it's crying, it will learn to cry to get out of the crate. Unfortunately, they all need to live with the noise.for a few days for it to work in the long run.

    ... Says someone who caved and took the dog out of the crate. Said dog will now not be in the crate or even the other room or another floor when people are in the house. Dog is rarely more than 3 feet from me. I think I'm his ESP. 😂
     

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