Legal Question in Landlord & Tenant Law in California
hello I live in California I just moved and my lease says "no pets unless otherwise provided in California civil code 54.2" I have now been offer a pre trained service animal from a association I have gotten my prior service dog from sense she had passed I was not ready for a new service dog but recently have been having more situations where I need one because I have a seizure disorder I politely asked the property manager to ask the owner if it would be expectable to obtain a service dog and they said no. what can I do? or is there a legal obligation for them to allow me to obtain a service animal
2 Answers from Attorneys
A landlord must allow a service animal for a disabled tenant who needs one; even if there is a no pet policy as a service animal, by law, is not a pet.
The landlord can request that you verify that you have a disability and that the animal serves a need related to the disability.
You should make your request in writing if you have not already done so.
Your landlord is playing with fire if s/he/it will refuse your request or do something in retaliation. I agree with Mr. Rosales about putting things in wiring. Give them written notice of your intent to bring a service dog and just do it. There is not a thing they can do. If they try and evict you, you can sue them for disability discrimination. Also, your local City Attorney's office as well as Fair Employment and Housing Administration can and should help you.
Good luck.
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