Fake Service Dog

[korenakorena]

Hello. Got a tenant who has a "service dog", according to him. Dog has vest. No tag, no paperwork. Just tenants word. Had to go to house to work in garage 3 days in a row. Every day, service dog was in house alone, looking out window. Tenant at work. How does service dog do its job if not with handler? Have had several other incidents & knew tenants were untruthful. Just fair warning landlords. Be aware of this Fake. I'm counting the months down. It's a shame for the real service animals & their handlers.

[RickeyD]

Hello. Got a tenant who has a "service dog", according to him. Dog has vest. No tag, no paperwork. Just tenants word. Had to go to house to work in garage 3 days in a row. Every day, service dog was in house alone, looking out window. Tenant at work. How does service dog do its job if not with handler? Have had several other incidents & knew tenants were untruthful. Just fair warning landlords. Be aware of this Fake. I'm counting the months down. It's a shame for the real service animals & their handlers.

A copy and paste from my rental agreement. And yes, it is legal.

6. RESTRICTIONS: No pets or animals of any kind which includes but not limited to service or comfort animals. Two person occupancy only, No smoking anywhere on the property, No barbeque cooking on the lanai. Renters who violate this policy will forfeit their security deposit and will be told to leave.

[korenakorena]

yes, I'm going to use this
Thank You!

[villagerjack]

yes, I'm going to use this
Thank You!

Check with your attorney first. Sounds like it could be discriminatory.

[karostay]

A copy and paste from my rental agreement. And yes, it is legal.

6. RESTRICTIONS: No pets or animals of any kind which includes but not limited to service or comfort animals. Two person occupancy only, No smoking anywhere on the property, No barbeque cooking on the lanai. Renters who violate this policy will forfeit their security deposit and will be told to leave.


Told to leave in your agreement sounds great
Getting them to leave is another is another issue.
How do you plan on getting them to leave ?

I'm 100% onboard service animal exemptions are being exploited . There is no way of enforcing the validity of the animals status.

[ColdNoMore]

Service animal fraud is definitely a problem.

Service Animal Scams: A Growing Problem | Psychology Today (https://www.psychologytoday.com/blog/animals-and-us/201406/service-animal-scams-growing-problem)


I also discovered a host of dubious service and emotional support animal "registries." For example, the United States Dog Registry will certify any dog as a “service dog” or a "therapy dog" for $58, and an outfit called ESA of America will happily certify your pet rat, hamster, or iguana as an “emotional support animal.” (Sample ESA customer testimonial–“I have now taken 3 flights with my dog, and the peace of mind of being able to just pack up and go anywhere I want with him is the greatest thing ever.")

Stopping it however (and getting rid of tenants who abuse it) is a bit tougher, given the myriad of regulations governing them.

From link above.

Three different sets of federal statues apply to the rights of individuals with disabilities to be accompanied by animals: the American’s with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act. This division of responsibility has resulted in a bewildering array of conflicting and confusing regulations.

Good luck to the OP, because sadly (and unfairly)...you're gonna need it.

[karostay]

Federal law this is all you can ask

When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

Hope the abuser has a conscience
Which I highly doubt

[rcook715]

Service Animals | Disability Rights Florida (http://www.disabilityrightsflorida.org/resources/disability_topic_info/service_animals)


Service Animal
The Americans with Disabilities Act (ADA) 2010 Regulations define a service animal as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition." C.F.R. § 35.104 and § 36.104 (2010).
If they meet this definition, dogs are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.
Work and Tasks
According to the § 35.104 and § 36.104 (2010), examples of work and tasks performed by service animals include, but are not limited to:
• guiding people who are blind or have low vision
• alerting people who are deaf or hard of hearing
• providing non-violent protection or rescue work
• pulling a wheelchair
• assisting an individual during a seizure
• alerting individuals to the presence of allergens
• retrieving items
• providing physical support and assistance with balance and stability to individuals with mobility disabilities
• helping persons with psychiatric or neurological disabilities by preventing or interrupting impulsive or destructive behaviors
• reminding a person with mental illness to take prescribed medications, or
• calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack.

[korenakorena]

Thanks for all the information & help. Tenant claims service dog is to warn him of a seizure coming on. However, dog is not with him when he goes to work. (I live several states away & happened to be in TV for 2 weeks). Best part is I paid $967 to have them evicted when they brought in dog #2. That's when I discovered a servic dog is not a pet, since I allow 1 pet, the 2nd dog was not in violation! How am I going to get them out? Lease expires in a few months, why can't I give 30 day eviction prior to last month of lease for a "possible" new tenant. Live & Learn, I guess.

[Sable99]

You might have a problem evicting your tenant. This is what happened to friends of mine in Virginia.

My friends bought a larger condo in the same building. Since the market was down at that time, they decided to rent their old condo to a teacher. The teacher was only in the condo a couple of months when she broke her leg and stopped paying rent. Even though she had a lease, they couldn't evict her because she claimed she had a disability. The teacher stayed at their condo another two years without paying rent. They had to gut their condo by the time she finally moved out. Luckily, by that time, the market turned around and they were able to sell the condo. If I remember right, it was a Federal law that prohibited them from evicting her. In northern Virginia, people liked to rent to people in the military because they knew they would get their rent money!

I rent out my home in The Villages and I think about Hugh and Regina's story every time I get a new tenant!

[Fraugoofy]

Thanks for all the information & help. Tenant claims service dog is to warn him of a seizure coming on. However, dog is not with him when he goes to work. (I live several states away & happened to be in TV for 2 weeks). Best part is I paid $967 to have them evicted when they brought in dog #2. That's when I discovered a servic dog is not a pet, since I allow 1 pet, the 2nd dog was not in violation! How am I going to get them out? Lease expires in a few months, why can't I give 30 day eviction prior to last month of lease for a "possible" new tenant. Live & Learn, I guess.
If you are willing to wait until the lease expires, follow the terms agreed to in the current lease and non-renew the lease if you have that written in. I am sorry you have to go through this.

Sent from my SM-N910R4 using Tapatalk

[RickeyD]

Check with your attorney first. Sounds like it could be discriminatory.



I did and it isn't.

[RickeyD]

Told to leave in your agreement sounds great

Getting them to leave is another is another issue.

How do you plan on getting them to leave ?



I'm 100% onboard service animal exemptions are being exploited . There is no way of enforcing the validity of the animals status.



If you knew me you wouldn't ask.

[rubicon]

Hello. Got a tenant who has a "service dog", according to him. Dog has vest. No tag, no paperwork. Just tenants word. Had to go to house to work in garage 3 days in a row. Every day, service dog was in house alone, looking out window. Tenant at work. How does service dog do its job if not with handler? Have had several other incidents & knew tenants were untruthful. Just fair warning landlords. Be aware of this Fake. I'm counting the months down. It's a shame for the real service animals & their handlers.

Even a dog has a right to a vacation for rest and relaxation. Geez:D

[rjm1cc]

Consider charging a vert high pet fee if you do not want pets.

[Nucky]

If you knew me you wouldn't ask.

:thumbup: Fugetabouit!

[Chatbrat]

Just be happy they're paying the rent, if they stopped paying it could be months before you could evict them and court/attorney expenses *& pray they don't trash your home when they leave

[rubicon]

Just be happy they're paying the rent, if they stopped paying it could be months before you could evict them and court/attorney expenses *& pray they don't trash your home when they leave

Ah the trials and tribulations of landlords

[CatMag]

This is so sad, a few bad issues give all the great renters a bad name. I have rented several times in The Villages and ever time me and my loving wife have left the place better then we found it.
I hope one bad issues doesn't make you bitter..

[Eg_cruz]

Not sure where this fad came from......but leave your dog at home. I am so tired of dogs everywhere. I talked to Sams manager and they stated only door person and manager at ask about service dog....if the person say yes it's a service that's the end except they can ride in carts.
Yesterday at Publix this guy had his dog no leash and no service vest or collar walked everywhere in the store no one said a word to him. I wish this public places would put their foot down and say enough is enough with this "Dog Gone Wild" stuff.

[RickeyD]

I don't mind seeing dogs where they traditionally shouldn't be. What I do mind are the owners with the mindset of " so, what are ya gonna do about it, I know my rights " If your that hard up about a dog maybe they should get a
trans species change.

[Leisha2]

You can not disallow a Service or Emotional support animal in your lease. It is against the law.

[Gunny]

I'm a disabled veteran, serving 34 years with the Marine Corps, both in and out of uniform. I don't like crowds, I always sit with my back against a wall in any restaurant, and am continually anxious with various surroundings. To make this short, I have a ESA (Emotional Support Animal) who is a Yorkie (Silky), who is certified (with certificate), papers, ID's and vest. She brings comfort to me when we're around people (more than a dozen or so). The tenant who has this dog, MUST, at your request, present you with his/her certification. Anyone can buy a vest or borrow one from a friend. This does NOT make this dog a service dog. However, to have/need/require a service dog, is different for everyone. I don't have to have her with me when I golf, with friends, etc. And never bring her into a restaurant, or grocery store, but when I fly on an aircraft, she's sitting with me, as well as what I described above. Once again he/she (tenant) MUST present their certification, and what kind of service the dog provides. Hope this helps.....

[justjim]

I'm a disabled veteran, serving 34 years with the Marine Corps, both in and out of uniform. I don't like crowds, I always sit with my back against a wall in any restaurant, and am continually anxious with various surroundings. To make this short, I have a ESA (Emotional Support Animal) who is a Yorkie (Silky), who is certified (with certificate), papers, ID's and vest. She brings comfort to me when we're around people (more than a dozen or so). The tenant who has this dog, MUST, at your request, present you with his/her certification. Anyone can buy a vest or borrow one from a friend. This does NOT make this dog a service dog. However, to have/need/require a service dog, is different for everyone. I don't have to have her with me when I golf, with friends, etc. And never bring her into a restaurant, or grocery store, but when I fly on an aircraft, she's sitting with me, as well as what I described above. Once again he/she (tenant) MUST present their certification, and what kind of service the dog provides. Hope this helps.....

Where does a person go to get this Certificate? County, State? There seems to be mass confusion about "service dogs".

[garthscars]

I was in the Golden Corral a couple years ago when a man and his spouse brought there "sevice dog " in with them.I know a little about service dogs and was aware of certain laws.This dog that they had with had on a service vest,but was not by any means trained.He was eating off the floor and about 10 to 15 feet from the woman on a least(also this was a minature doverman)not the service animal type...I watched for several minutes when the man went over to the soup section and picked up an empty bowl and went back to his table..I was appauled..I got up and went by just so I could see better and the dog was sitting in the chair..I went and called the waitress over and informed them of what was going on..The people said that as long as the dog was in a holder,it was Ok..Not with me,I went home ,found out a lot more about the laws and regulations with the service dog industury..I then went back to the Golden Corral and tried to talk with the MGR..i tried for several times to inform her of the problem.Even called Golden Corral ahead quarters about the problems....-I made copies of the laws and went back to Golden Corral,the MGR was (also the co owner) very rude ..she called the local ploice and had me removed and a trespassing warrant put on me..i WOULD NOT LET MY DOG BACK IN THIS PLACE ..RUDE ,NASTY MANAGER AND NOT A GOOD REPRESENTATIVE FOR GOLDEN CORRAL...I WOULD NOT EAT THERE FOR ANYTHING..THANKS FOR LISTENING...

[RickeyD]

You can not disallow a Service or Emotional support animal in your lease. It is against the law.



If you have only one rental, yes you can.

[Nucky]

I'm a disabled veteran, serving 34 years with the Marine Corps, both in and out of uniform. I don't like crowds, I always sit with my back against a wall in any restaurant, and am continually anxious with various surroundings. To make this short, I have a ESA (Emotional Support Animal) who is a Yorkie (Silky), who is certified (with certificate), papers, ID's and vest. She brings comfort to me when we're around people (more than a dozen or so). The tenant who has this dog, MUST, at your request, present you with his/her certification. Anyone can buy a vest or borrow one from a friend. This does NOT make this dog a service dog. However, to have/need/require a service dog, is different for everyone. I don't have to have her with me when I golf, with friends, etc. And never bring her into a restaurant, or grocery store, but when I fly on an aircraft, she's sitting with me, as well as what I described above. Once again he/she (tenant) MUST present their certification, and what kind of service the dog provides. Hope this helps.....

Bless you for your service to our Country. I side with you and all others who need or have a Comfort Dog. I also side with people who take a handicapped parking space. I also think if you approach someone about their animal or parking space you deserve to be put in your place. Who Deputized you Mr or Mrs Barney Fife? Live your own life and let others live theirs. As far as a tenant leaving a dog behind when they choose to go out didn't this cross your mind before you took the rent? Did you mention that the dog destroyed the house? Your tenant may have been having a great day and ventured out alone to give the dog a break. Maybe it was so hot out the tenant wanted Fido to stay in the A/C.

I'm sure the landlord is a fine person but maybe the tenant was out looking for a place where they would be more serene without the landlord on the property three days in a row. I had a grand plan years ago to buy four houses in one neighborhood and fortunately got to purchase three of them. In a moment of honest self appraisal I realized I wasn't cut out for the landlord thing. It sure was great when things were running smoothly which was hardly ever. I sold all three houses and moved from the area. Not one of those houses had a garage but if they did I would have been the one worrying about a tenant's dog and being a pain. I just couldn't help not surveying the property I owned. At that time I was not fit to be a landlord...short tempered and when I thought about threatening someone about the rent being late I knew to let the dream go and dream a new dream.

After 20 plus years of not being a landlord I believe in 2017 I am going back into business in TV or the surrounding area. I'm more comfortable with myself and will not be the pain I know I was in the past. Think it through before you rent again before something bad happens. Take Care.

[RickeyD]

Bless you for your service to our Country. I side with you and all others who need or have a Comfort Dog. I also side with people who take a handicapped parking space. I also think if you approach someone about their animal or parking space you deserve to be put in your place. Who Deputized you Mr or Mrs Barney Fife? Live your own life and let others live theirs. As far as a tenant leaving a dog behind when they choose to go out didn't this cross your mind before you took the rent? Did you mention that the dog destroyed the house? Your tenant may have been having a great day and ventured out alone to give the dog a break. Maybe it was so hot out the tenant wanted Fido to stay in the A/C.



I'm sure the landlord is a fine person but maybe the tenant was out looking for a place where they would be more serene without the landlord on the property three days in a row. I had a grand plan years ago to buy four houses in one neighborhood and fortunately got to purchase three of them. In a moment of honest self appraisal I realized I wasn't cut out for the landlord thing. It sure was great when things were running smoothly which was hardly ever. I sold all three houses and moved from the area. Not one of those houses had a garage but if they did I would have been the one worrying about a tenant's dog and being a pain. I just couldn't help not surveying the property I owned. At that time I was not fit to be a landlord...short tempered and when I thought about threatening someone about the rent being late I knew to let the dream go and dream a new dream.



After 20 plus years of not being a landlord I believe in 2017 I am going back into business in TV or the surrounding area. I'm more comfortable with myself and will not be the pain I know I was in the past. Think it through before you rent again before something bad happens. Take Care.



A work buddy of mine owns 2 rentals just south of TV. He tells me the eviction process is much quicker and less of a hassle in FL than it is up north. The tenants know this as well.

[JanetMM]

i love my dog and would like to have him with me while flying. i know anyone can get fake certificates, vests and what-not on the internet. i just can't because i am afraid i might spoil it for others who really need their service animal or support animal. i know that both types are legitimate and that some people depend on their animals and i don't want to ruin it for them. also, there are some places animals do not need to be AS PETS. so my dog will stay at home when i go to music on a weeknight. i would feel horrible if he would accidentally trip someone in the crowd.