ESA issue

[Lilsia]

That's how it worked in the apartment community I lived in in college. And that's how it works at all the apartments in the college town I currently live in, 20 years later.

That is not legal at all. You can not just bail out on your lease and expect the others to pick up your LEGAL obligation. People might not have fought it and it was just easier to find another roommate, but if you went to court, the person that just left would 100% loose. Can you imagine a world where you can sign a contract and just walk away from it whenever you wanted. LOL

 

[DLgal]

That is not legal at all. You can not just bail out on your lease and expect the others to pick up your LEGAL obligation. People might not have fought it and it was just easier to find another roommate, but if you went to court, the person that just left would 100% loose. Can you imagine a world where you can sign a contract and just walk away from it whenever you wanted. LOL

It's absolutely legal. Do some research. It's actually very commonly how leases are written. All signers are equally responsible for the lease in its entirety. *Some* apartment communities in *some* college towns have written leases as individual leases for a unit with multiple occupants, but that isn't the legal standard at all.

 

[Lilsia]

It's absolutely legal. Do some research. It's actually very commonly how leases are written. All signers are equally responsible for the lease in its entirety. *Some* apartment communities in *some* college towns have written leases as individual leases for a unit with multiple occupants, but that isn't some legal standard at all.

But you were talking about breaking the lease and leaving the other roommates to pick up the slack with the rent. That most definitely is not legal. I understand the concept of everyone with their own lease. But breaking a lease still leaves you responsible for that portion of the rent.

 

[Mackenzie Click-Mickelson]

I don't agree with this at all. The "medication" is affecting those around her. It is not the same thing at all. It is her own personal responsibility to make sure that she is not a burden on others. You can not just push an animal on someone else in their home. This is not like going for a visit with a service animal, this is the home of those other girls too. You obviously have a personal interest because your daughter has one, but it is egregious to do this to others when they so clearly do not want the animal in their home. Again, it is putting that 1 person's needs over the others.

I don't have a daughter (you probably meant my friend I spoke of)

What you and I think is fair and just doesn't always pan out that way. Lots of posters have already said probably good to start looking at other places. Is that the fair thing? Probably not but it's the reality that many people find themselves in for one reason or another.

Example: Roommates boyfriend stays there all the time--you could say that's a burden to all the other roommates and could make everyone feel uncomfortable. You can obviously fight with the one roommate whose boyfriend it is, have a heart to heart if you will, but if they don't bar the boyfriend from staying there and you decide it's not worth the fight then you may find yourself looking for somewhere else to live.

If you (general) you want to continue to live in a place that would cause you a ton of stress (IF that's what ends up happening) go for it. But a lot of people just realize it's not worth the fight. It's not ideal but it happens. I guess what I'm saying is for this situation it's an ESA, but for another situation it's something else. I'm not disagreeing with you necessarily just saying it's easier to take care of yourself a lot of times than it is to force others. Of course the OP's daughter could for sure fight it legally if they want to try if the ESA becomes a nuisance, etc.

 

[Lilsia]

I don't have a daughter

What you and I think is fair and just doesn't always pan out that way. Lots of posters have already said probably good to start looking at other places. Is that the fair thing? Probably not but it's the reality that many people find themselves in for one reason or another.

Example: Roommates boyfriend stays there all the time--you could say that's a burden to all the other roommates and could make everyone feel uncomfortable. You can obviously fight with the one roommate whose boyfriend it is, have a heart to heart if you will, but if they don't bar the boyfriend from staying there and you decide it's not worth the fight then you may find yourself looking for somewhere else to live.

If you (general) you want to continue to live in a place that would cause you a ton of stress (IF that's what ends up happening) go for it. But a lot of people just realize it's not worth the fight. It's not ideal but it happens. I guess what I'm saying is for this situation it's an ESA, but for another situation it's something else.

Sorry, not you. EEKs.

 

[Lilsia]

If it was me, or my daughter in this situation, I would go to the leasing company and pressure them to let us out of the lease. It is no longer a viable living situation. My daughter is allergic to dogs so it would put her health at risk. This is a no win situation and sad that it came about this way.

 

[DLgal]

But you were talking about breaking the lease and leaving the other roommates to pick up the slack with the rent. That most definitely is not legal. I understand the concept of everyone with their own lease. But breaking a lease still leaves you responsible for that portion of the rent.

No, what I said stands. This literally happened to me in 1998. I had 2 roommates. One left in December, three months into our lease. She dropped out of college. My other roommate and I were told, in no uncertain terms, "it's your responsibility to find a new roommate or cover the rent." We found a new roommate but had to pay our old roommate's portion of the rent for one month. Then, a month after renewing the lease, 8 months later, those w roommates literally bailed on me to live with boyfriends. Again, I was told, "it's your responsibility to find new roommates or pay the rent in full." So, I spent a year with a revolving door worth of crazy roommates. It was ridiculous. The following year, a good friend from work agreed to share a 2br apartment with me senior year. Such a relief. It is ABSOLUTELY legal. 100%. It doesn't seem right, but that's how it is in the vast majority of places.

In neither case did the apartment manager make any attempt to even contact the tenants who bailed. It was all on me.

https://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter6-3.html

 

[Lilsia]

No, what I said stands. This literally happened to me in 1998. I had 2 roommates. One left in December, three months into our lease. She dropped out of college. My other roommate and I were told, in no uncertain terms, "it's your responsibility to find a new roommate or cover the rent." We found a new roommate but had to pay our old roommate's portion of the rent for one month. Then, a month after renewing the lease, 8 months later, those w roommates literally bailed on me to live with boyfriends. Again, I was told, "it's your responsibility to find new roommates or pay the rent in full." So, I spent a year with a revolving door worth of crazy roommates. It was ridiculous. The following year, a good friend from work agreed to share a 2br apartment with me senior year. Such a relief. It is ABSOLUTELY legal. 100%. It doesn't seem right, but that's how it is in the vast majority of places.

https://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter6-3.html

Because your were jointly and severally responsible for the rent. That means that the landlord could go after them or you or both, but chose to go after you since you stayed. You could have then sued the roommates that bailed on you for that rent money, and you would have won. Just because you did not know your legal rights, does not make it true.

 

[sam_gordon]

Putting a little puppy in a crate while the owner goes on with her busy college life and work doesn't sound kind to me. Even if the owner cleans all the potty messes out if the cage at the end of the day, it's no way for a puppy to be treated. The alternative of letting it run through the apt unsupervised isn't good either.
Most people wait to take on a new BIG responsibility until they can totally manage more in their life.
I don't see how it's healthy to demand something like this in a roommate situation, even if it's legal.
Just my opinion, making an effort to get along, give and take, compromise and respect for others are all part of cordial roommate relationships.

So does this mean families where the adults work 40 hours a week should never get a puppy? From what I remember in college, I might be gone from my room for a couple hours, but could arrange to return.

Don't get me wrong, I'm not sure the girl in this case is doing things the right way, but if a therapist TRULY believes an ESA is a good solution, should posters on a random message board really say it's wrong? Now, this is assuming this is a licensed therapist who has met and worked with the girl in question. If you want to assume differently, with absolutely no basis to, go ahead.

 

[Lilsia]

So does this mean families where the adults work 40 hours a week should never get a puppy? From what I remember in college, I might be gone from my room for a couple hours, but could arrange to return.

Don't get me wrong, I'm not sure the girl in this case is doing things the right way, but if a therapist TRULY believes an ESA is a good solution, should posters on a random message board really say it's wrong? Now, this is assuming this is a licensed therapist who has met and worked with the girl in question. If you want to assume differently, with absolutely no basis to, go ahead.

I think that the poster was going off of what the OP's daughter said that the roommate went to classes and had 2 jobs. That sounds more then just a 40 hour week. Most jobs don't let you just leave to let your puppy out.

 

[DLgal]

Because your were jointly and severally responsible for the rent. That means that the landlord could go after them or you or both, but chose to go after you since you stayed. You could have then sued the roommates that bailed on you for that rent money, and you would have won. Just because you did not know your legal rights, does not make it true.

Well yeah, in small claims court. That's a hassle though. Most college students don't have the time for that mess.

My point stands...this girl can walk out on the lease and likely there would be no repercussions unless she signed her own, separate lease for just her portion of the rent.

We actually asked the apartment manager to go after the first roommate that bailed and they said they couldn't legally do so because we were still there occupying the unit. If we had ALL left, they would have come after us all. I feel like once my other roommate heard this, it showed her that she could leave too, which is exactly what she did months later. She knew she would be off the hook.

 

[Lilsia]

Well yeah, in small claims court. That's a hassle though. Most college students don't have the time for that mess.

My point stands...this girl can walk out on the lease and likely there would be no repercussions unless she signed her own, separate lease for just her portion of the rent.

We actually asked the apartment manager to go after the first roommate that bailed and they said they couldn't legally do so because we were still there occupying the unit. If we had ALL left, they would have come after us all. I feel like once my other roommate heard this, it showed her that she could leave too, which is exactly what she did months later. She knew she would be off the hook.

I would never tell anyone that they should break a lease without having the apartment to let you out. Someone who has no problem bringing a puppy into an apartment when none of the others want it, would have no issue suing them. Legal problems can follow you. Ever notice on applications how they have the question "have you ever been sued?" I don't think your future mortgage lender would want to see that you were sued for skipping out on your rent. And who is to say that the apartment complex won't go after the ones that leave instead of dealing with the person that caused the issue. I would rather have the hassle of going to court then be out hundreds, or even thousands of dollars.

 

[Pea-n-Me]

Well yeah, in small claims court. That's a hassle though. Most college students don't have the time for that mess.

My point stands...this girl can walk out on the lease and likely there would be no repercussions unless she signed her own, separate lease for just her portion of the rent.

We actually asked the apartment manager to go after the first roommate that bailed and they said they couldn't legally do so because we were still there occupying the unit. If we had ALL left, they would have come after us all. I feel like once my other roommate heard this, it showed her that she could leave too, which is exactly what she did months later. She knew she would be off the hook.

1998 - that was 22 years ago, and when electronic communication for everybody was in its infancy. Things may be much different today.

My son rented an apt last year with five other guys. We did what we were supposed to do, and had an email communication thread in which it appeared that everyone was doing what they were supposed to do, too. So imagine my shock one day when we got an emai from the rental office saying we (collectively) had been turned over to a collection agency for monies owed, and if not paid within a number of days, eviction processes would begin. Whoa! Where did that come from? Well one roommate was apparently late with his share of the money and was not responding to efforts at contact. But they came after all of us, and all of our boys would've been evicted had the knucklehead not paid up. Not good in the middle of the semester. I think it's a lot easier today to track people down than it was in the 90s. You can't just disappear anymore.

 

[Pea-n-Me]

As for a new puppy he in a crate all day and maybe into the night...yes, people do it, but it doesn't mean it's a good or humane thing. Puppies are like babies - they need to come out every couple of hours for house training, the whole premise of crating being that a dog will not soil his sleep place if he can help it. Puppies have a bladder the size of a grape in many cases, even large breeds, and simply cannot hold it more than that when they are very young. Leaving it there for hours is terribly lonely for a pup and absolutely will result in a very soiled crate and dog, and almost certainly will cause the dog to bark and whine and cry for companionship, their being very social animals and all. It's simply just a bad idea for a puppy.

And what will happen when the dog has to be cleaned up? More noise, maybe late at night, and a soiled dog having to go in the tub for cleaning, sharing it with the people who live there, and the towels. Most puppies have WORMS as well that they get from their mothers, so cleaning diarrhea off in the shared tub puts others in the apartment at risk. But overall it's just a very crappy (pardon the pun) way to raise a healthy and well-adjusted puppy who should be part of someone's life for much of the day. If I were one of those roommates I would have a very hard time supporting a situation like that.

Puppies also need medical care for things like scheduled vaccinations and flea control, etc. Not getting them is negligence in many states (including mine). We've already talked about the hazards of having a working breed couped up, but there are many other issues that go along with this, too - just from what we've been told here. The animal has rights as do the roommates, in addition to the person with the ESA need.

 

[DLgal]

1998 - that was 22 years ago, and when electronic communication for everybody was in its infancy. Things may be much different today.

My son rented an apt last year with five other guys. We did what we were supposed to do, and had an email communication thread in which it appeared that everyone was doing what they were supposed to do, too. So imagine my shock one day when we got an emai from the rental office saying we (collectively) had been turned over to a collection agency for monies owed, and if not paid within a number of days, eviction processes would begin. Whoa! Where did that come from? Well one roommate was apparently late with his share of the money and was not responding to efforts at contact. But they came after all of us, and all of our boys would've been evicted had the knucklehead not paid up. Not good in the middle of the semester. I think it's a lot easier today to track people down than it was in the 90s. You can't just disappear anymore.h

You basically just proved my point. They came after EVERYONE ELSE and threatened eviction. And what of the guy who shirked on the rent? He could have, technically, disappeared since he was "not responding" to communications, and the rest would be held responsible/punished in his absence.

 

[Imzadi]

Putting a little puppy in a crate while the owner goes on with her busy college life and work doesn't sound kind to me. Even if the owner cleans all the potty messes out if the cage at the end of the day, it's no way for a puppy to be treated.

Actually it hasn't been made clear that they puppy will even be in a crate. The roommate, right now hasn't even signed a contract the other roommates drafted up, saying she will be financially responsible for any damages the puppy makes. I kind of wonder if she will even have the money to buy a crate for the dog? She may think all she has to do is close her bedroom door to keep the dog contained.

 

[Pea-n-Me]

You basically just proved my point. They came after EVERYONE ELSE and threatened eviction. And what of the guy who shirked on the rent? He could have, technically, disappeared since he was "not responding" to communications, and the rest would be held responsible/punished in his absence.

No, I don't think so. They came after all of US, including the parents; including him and his parents.

 

[jsmith]

t is relevant if the OP's DD ends up rooming with the dog. But, you've been misinformed. The FURminator IS an undercoat rake. It is a comb with very narrow spaces in between the teeth to help remove shedding hair. It does NOT cut hairs. It is shaped like a "blade" so people have a misconception that it is a cutting blade. But, it has no cutting blade.

I groom dogs for show-like Westminster Kennel Club qualified dogs-a Furminator will ruin coats-end of story.

 

[tzolkin]

When I went to Disney this year, I was absolutely shocked at the number of ESAs I saw in the parks.

ESAs shouldn't be allowed in the parks. An ESA is not a trained Service Animal and they are not allowed to go places other pets are not permitted.

Some ppl are motivated by $$$. I have not seen one person in this area “prescribe” an ESA who was practicing in a public setting. This is mostly a private practice thing where ppl get paid way more so, of course, they’re more willing to do things like that. Most of us work with clients on coping skills so they can function in society without any crutch.

This seems overly harsh, so I'm assuming that's based on some specific experiences you have had. I know there are lots of people who falsely get their pet qualified as an ESA because I hear people mention it all the time (and I do actually think that's likely in the OP's scenario), but I know that's not always the case.

My daughter has an ESA (a cat). It was recommended more than once by both her psychiatrist and her therapist because they believed it would be beneficial for her. She did not ask for one or even bring it up and it didn't cost anything more than the $20 copay she would have had for those regular visits anyway.

I do not see her ESA as a "crutch". She's a functioning adult with a full time job. She could cope without him, but it's just better for her than not having him. In addition to her inherent mental health issues, she has also experienced multiple sexual assaults. She was living alone after a long hospitalization for a serious suicide attempt when they recommended she get an ESA. It's good for her mental health to not be alone and to have someone other than herself to be responsible for.

 

[DLgal]

No, I don't think so. They came after all of US, including the parents; including him and his parents.

Exactly! It was HIS portion of the rent that was late, and they came after everyone collectively. That's what I'm saying. When one person screws up, EVERYONE on the lease is responsible. Sure, they went after that guy and his parents too, but had they not stepped up and paid the rent, the others would have been evicted and/or sent to a collection agency.

People here are saying that if one roommate walks out on a lease, only THAT ROOMMATE would be responsible and that it's "illegal" to hold the other signers on the lease financially responsible. I was saying it is NOT illegal, and that's exactly what happens in most cases.