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Posted 8 y ago
Responses: 9
Interesting take on this subject, and more than a few questions need to be answered before everyone goes off half-cocked on Pres. Elect Trump.
1. Trump most likely did nothing of the sort. He has so many business ventures that he can't be hands on everyone of them, and I'll bet a Property Management Company (whether said Management company was owned by Trump or not) operated the housing where the Vet was evicted or threatened to be evicted. Saying Trump "evicted the Vet" is only "looking" for a reason to disparage Trump.
2. Regardless of whether the Vet signed a lease that stated "no pets" or "no dogs", the American with Disabilities Act (ADA) requires landlords to allow any sort of assistance animal if it is required for the renter's health or well being, as long as the necessity is verified in writing by a medical professional and regardless of the landlord's established rental policies; it's called "A Reasonable Accommodation" and the renter must ask for the reasonable accommodation in writing to the Landlord. Failure to allow an assistance animal is discrimination, and landlords cannot make it an issue in denying prospective applicants from renting either. Also, landlords may not charge a pet deposit or fee for an assistance animal. Assistance animals are not considered pets, nor do they have be "certified" such as seeing eye dogs, etc. The assistance animal can be a horse, pig, big giant snake, etc., you get the idea.
3. It is the sole responsibility of the renter to manage said assistance animal, repair any damage it may cause, clean up after it, and ensure it does not bother or attack another renter or visitor. Failure to manage or control the assistance animal allows the landlord to begin the process of ensuring the renter complies with the lease agreement. The usual process begins with the landlord issuing a 30-day notice of lease violation (varies from State to State) to the renter to repair the discrepancy, depending upon the seriousness of the discrepancy. If the renter complies within the 30-day period, everyone's happy and no further action is necessary. If the renter fails to comply, the landlord by law can start the eviction process, usually by presenting the renter with a "notice to vacate the premises" or a "notice to terminate the lease". Normally, if a renter's assistance animal attacks another person, it is grounds for a 24 hour "notice to terminate tenancy".
4. A landlord cannot "evict" a renter; that can only be done by a court of law. The landlord can only give the renter a "notice to vacate the premises" or a "notice to terminate the lease", and if the renter fails to leave after a specified amount of time, then the landlord must file and take the renter to court.
I looked at the linked courts documents. Only one document is barely readable and it does not tell the whole story as to what lead to or the outcome of the eviction process. Without all the relevant information, no determination of who did what to whom can be made, and commenting on it is useless.
My bona fides regarding landlord-tenant law are: Section 8 Supervisor, Northwest Oregon Housing Authority, Astoria, Oregon, and I dealt with these issues on a daily basis. While the eviction "process" varies from State to State, they all run in a similar fashion, with similar outcomes.
Thanks for listening.
1. Trump most likely did nothing of the sort. He has so many business ventures that he can't be hands on everyone of them, and I'll bet a Property Management Company (whether said Management company was owned by Trump or not) operated the housing where the Vet was evicted or threatened to be evicted. Saying Trump "evicted the Vet" is only "looking" for a reason to disparage Trump.
2. Regardless of whether the Vet signed a lease that stated "no pets" or "no dogs", the American with Disabilities Act (ADA) requires landlords to allow any sort of assistance animal if it is required for the renter's health or well being, as long as the necessity is verified in writing by a medical professional and regardless of the landlord's established rental policies; it's called "A Reasonable Accommodation" and the renter must ask for the reasonable accommodation in writing to the Landlord. Failure to allow an assistance animal is discrimination, and landlords cannot make it an issue in denying prospective applicants from renting either. Also, landlords may not charge a pet deposit or fee for an assistance animal. Assistance animals are not considered pets, nor do they have be "certified" such as seeing eye dogs, etc. The assistance animal can be a horse, pig, big giant snake, etc., you get the idea.
3. It is the sole responsibility of the renter to manage said assistance animal, repair any damage it may cause, clean up after it, and ensure it does not bother or attack another renter or visitor. Failure to manage or control the assistance animal allows the landlord to begin the process of ensuring the renter complies with the lease agreement. The usual process begins with the landlord issuing a 30-day notice of lease violation (varies from State to State) to the renter to repair the discrepancy, depending upon the seriousness of the discrepancy. If the renter complies within the 30-day period, everyone's happy and no further action is necessary. If the renter fails to comply, the landlord by law can start the eviction process, usually by presenting the renter with a "notice to vacate the premises" or a "notice to terminate the lease". Normally, if a renter's assistance animal attacks another person, it is grounds for a 24 hour "notice to terminate tenancy".
4. A landlord cannot "evict" a renter; that can only be done by a court of law. The landlord can only give the renter a "notice to vacate the premises" or a "notice to terminate the lease", and if the renter fails to leave after a specified amount of time, then the landlord must file and take the renter to court.
I looked at the linked courts documents. Only one document is barely readable and it does not tell the whole story as to what lead to or the outcome of the eviction process. Without all the relevant information, no determination of who did what to whom can be made, and commenting on it is useless.
My bona fides regarding landlord-tenant law are: Section 8 Supervisor, Northwest Oregon Housing Authority, Astoria, Oregon, and I dealt with these issues on a daily basis. While the eviction "process" varies from State to State, they all run in a similar fashion, with similar outcomes.
Thanks for listening.
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