If my daughter is bipolar and we got her a dog to train as a service dog, can our landlord charge us extra rent or evict us for this?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my daughter is bipolar and we got her a dog to train as a service dog, can our landlord charge us extra rent or evict us for this?
Asked on March 4, 2012 under Real Estate Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) If you have a written lease, the landlord is bound by its terms until its expiration. Therefore, if you have a written lease which does not at present prohibit pets/domestic animals or require a pet/animal deposit, the landlord may neither evict you nor charge you extra for the dog.
2) I don't believe the landlord could ever block a service dog, though much depends, I suspect, on how "necessary" it is, the medical support for having the animal, etc. If there is medical need for the dog, I do not believe a landlord could block you from having one, though if it would merely "nice" for your daughter to have one, the landlord may be able to, so long as the landlord generally blocks all such animals; the landlord could not single out a service dog for exclusion under any circumstances, I believe.
Again, though, if there is a written lease, the landlord may not do anything until it has expired, unless that lease currently has some no-animals clause.
3) At the expiration a written lease, or upon 30 days notice if you only have an oral lease, the landlord could charge a "pet deposit," even for a service dog, to cover against the possibility of animal-related damage (e.g. dog urine on carpet). However, I believe the landlord would have to do this globally, for all dogs, but could not single out your service animal for a deposit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.