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korenakorena 08-12-2016 05:48 PM

Fake Service Dog
 
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 08-12-2016 05:53 PM

Quote:

Originally Posted by korenakorena (Post 1270781)
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 08-12-2016 08:10 PM

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

villagerjack 08-12-2016 10:31 PM

Quote:

Originally Posted by korenakorena (Post 1270855)
yes, I'm going to use this
Thank You!

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

karostay 08-13-2016 07:06 AM

Quote:

Originally Posted by RickeyD (Post 1270784)
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 08-13-2016 07:17 AM

Service animal fraud is definitely a problem.

Service Animal Scams: A Growing Problem | Psychology Today


Quote:

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.
Quote:

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 08-13-2016 07:23 AM

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 08-13-2016 08:18 AM

Service Animals | Disability Rights Florida


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 08-13-2016 09:08 AM

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 08-13-2016 10:01 AM

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 08-13-2016 10:11 AM

Quote:

Originally Posted by korenakorena (Post 1271033)
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 08-13-2016 01:36 PM

Quote:

Originally Posted by villagerjack (Post 1270890)
Check with your attorney first. Sounds like it could be discriminatory.



I did and it isn't.

RickeyD 08-13-2016 01:38 PM

Quote:

Originally Posted by karostay (Post 1270952)
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 08-13-2016 02:12 PM

Quote:

Originally Posted by korenakorena (Post 1270781)
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 08-13-2016 08:27 PM

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


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