Can our landlord force us to remove our service dog

Business 7 views 3 answers
We have a service dog that moved in with us to our current residence. Some neighbor children came into the front stoop of our home, after being asked several times to stay away. We have a beware of dog sign as well because our dog is leery of strangers and protective of our home. The children did it anyways and our dog bit one of them. We were not cited and found that it was the negligence of the parents not watching their kids and the children provoking the dog and ignoring what they were told. Now our landlord is saying that we need to remove the dog. Do we have any rights in this situation?

Attorney Answers

3
Daniel Williams ·
Your lease will most likely control whether or not you can have a service dog in the apartment. You may be able to argue that a reasonable accommodation be made for your circumstance. Without further information, it is hard to answer this question. I suggest you find a local attorney for a consultation. Many times this is free.
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Elizabeth Lorraine ElliottAnimal Law AttorneyNormandy Park, WA ·
There seem to be some glaring misconceptions regarding service dogs and legal issues regarding dog bite law in the statement that you have given. The first is whether or not you actually have a service dog. I don't understand how you can have "a service dog that moved in with (us) to our current residence." Is it your service dog? Does it provide services to you for a disability? Has it been trained to do so? Is it an emotional support animal? Most service dogs are trained and would not be leary of strangers, thus would not require warning signs. Even if your dog is a service dog or an emotional support animal it has bitten someone. Your landlord's argument is that your dog is a direct threat to the health and safety of others which is an exception under the ADA. Additionally, a landlord is only required to provide a reasonable accommodation under the FHA. The landlord's argument is that when a dog bites someone, it is no longer reasonable to accommodate you with a biting service dog or support animal. Your argument is that your dog was provoked and it was due to negligence of the parents and children. If you have renters insurance, you may want to contact them, as you still may face civil liability for the children injuries. I suggest that you contact an attorney in your area to combat your landlord's attempt to evict you. It does seem as though you made concerted efforts to warn individuals about your dog.
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Gary Ilmanen ·
Yes, they can deny the service dog accommodation if it bit someone.
0 upvotes

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