ESA issue

[Hikergirl]

The landlord can go after any and all of the roommates if there is a default. Often in college towns, the leases are written such that each roommate is responsible for his/her share of the rent, but jointly for damages and default. If the roommate walks, the landlord goes after that specific tenant for rent. So she will be on the hook for rent and damages whether she is there or not.

That is true, if the OP's dd moves out, and the other roommates refuse to pay her share the landlord can still go after the OP's dd for her share of the rent.
The truth is if the OP wants to do this legally then she needs to get a copy of the actual lease and contact an attorney to see if her dd has any recourse.
If it were me I'd look at it this way- my dd is going to pay some way or another. It's either going to be for damages from the dog, penalties for breaking the lease, or lawyer's fees.

 

[Imzadi]

The roommate only has two classes on campus, but also works two jobs, so they’re afraid the puppy will be crated most of the day.

I'd hate to do this to the puppy, but the rest of the roommates really should NOT help her with taking care of the pup while she's in class or working her two jobs. When she comes home and finds crap all over the crate, AND needs to be walked, if it is even house trained, it is HER responsibility to clean up the messes, walk the dog, (huskies, I think need to be run,) and feed the dog.

The rest of the roommates need to stand firm on this, no matter how badly they feel for the dog. They also need to be firm that the dog be crated. She's probably thinking right now that the other roommates will pitch in to help while she's at work. They also need to take photos and videos of how the dog isn't being taken care of in case they need it for later.

I think it would only take a couple weeks for the roommate to see that wanting a puppy, is not the same as having one. Once the shine is off this idea, she may be able to give the puppy back or find it a new home.

 

[Christine]

In my daughter's case, they EACH sign the lease, and EACH roommate is responsible for their share of the rent for the entire year. If my daughter wanted to leave, SHE would either have to find a sub leaser OR she would be paying the landlord the rent for the remainder of the year. This is VERY common for college towns. Each roommate individually sends a check for their rental amount, as stated in the lease, every month, So in this case, OP's daughter can't just walk away, I'm guessing, without being on the hook.

In my opinion, the big problem is rentals and ESAs. As a landlord, my policy in general is that I DO NOT permit pets of ANY kind in any of my rentals (dogs, cats, gerbils...none). My view is that is is my house, my rules. Don't like the rules, move somewhere else or don't move in. Of course, I would make an exception for a trained service animal, no problem whatsoever. It peeves me to NO end that someone can now say "it's an ESA" and I have to accept them...no additional deposit, no additional rent, nothing. It's beyond annoying. So far, none of my tenants has pulled that crap on me, but as soon as someone does, that's it....selling the property in question. It's beyond unfair. I don't care if you want or even "need" an ESA, but like other things in life, sometimes that means compromises. As a renter, it's on YOU to find an apartment that accepts them and not force your choices on others.

Sorry, rant over.....

I feel very sorry for OP's daughter. The "roommate" is being extremely unfair, and I'd tell her that straight out. There's not a good remedy, but sometimes a little humiliation can be good for people. She would be told no in no uncertain terms that she's being an ***.

A friend of ours turned a condo they owned in Boston into a rental property for college students. The very first tenant they got, moved in, all was well for a few months and then she demanded an ESA. Like you, our friend had a no pets rule, but they were required to let the ESA in. Which of course damaged the apartment and was a nuisance to the neighbors. It took her well over a year to get rid of this tenant. She ended up selling the condo because it was a nightmare.

I really feel for the OP's daughter in this situation. I spent 10 years with my kids in "joint leases" through college and I have my share of stories. At my son's last rental situation, one of the renters did have an ESA but he knew that going in and it really worked out okay. The dog never really left the bedroom. It was some sort of husky mix. I generally felt sorry for the dog all the time, cooped up as it was, but there was never an issue.

As far as dogs go, I don't think I could think of a WORSE breed for this girl to get. Huskies are incredibly intelligent, need a very firm hand, and LOTS of activity. Without properly training and guidance, they can be terribly destructive.

Is there any chance anyone in the bunch has an animal allergy or asthma? I just don't think the ESA can "win" over a legitimate health issue.

 

[whatname]

If the roommate is already expecting them to need earplugs, this does not bode well. I wouldn't be surprised if there are damages from the dog. The girl doesn't sound very considerate or responsible. I think it was very kind of your DD to suggest that she was willing to deal with a smaller dog. Maybe another meeting to tell the roommate that the rest of them are walking away, if she gets the dog. It may be less of a hit to pay whatever penalties you have to upfront rather than the stress of dealing with the dog daily (I feel for the dog, since it seems the roommate really isn't home much) and any potential damages it may cause. Sounds like your DD and the other roommate may end of taking care of the dog part-time too, with the girl's schedule. It's a bad situation. Good luck.

 

[mmouse37]

My parents had two huskies that they got as rescues....they are incredibly active. They always want to run. I think this sounds like a nightmare for the OP's daughter. I agree that no other roommate should help with the dog but on the other side of that coin it is unfair to the other roommates who may have to endure poop smells in their home until the owner gets home to clean it up. They should not have to live like that. Good luck OP!

MJ

 

[kaytieeldr]

The roommate only has two classes on campus, but also works two jobs, so they’re afraid the puppy will be crated most of the day.

I'm reasonably intelligent. I can't figure out how an ESA can be effective only when the roommate is away from stressful situaions, like work and classes.

And what are this therapist's credentials? Do they have a degree, or did they take a $20 (with a Groupon) certification course online?

Regarding the noise, roommate said she’d have plenty of ear plugs stocked up for if the puppy gets too loud.

Wow! Did she buy earplugs for the other tenants? People in neighboring buildings?

 

[TeresaBelle]

She told them she has the letter and certificate from her therapist. I don't know how any reputable therapist can think a husky puppy would make a good emotional support animal, especially with her busy schedule. I emailed the leasing office today and told them this and they told me, "under Federal Fair Housing laws, Emotional Support Animals must have access to any and all apartment homes."

We are really stressing over this! I think we will have to consult a lawyer.

 

[Mackenzie Click-Mickelson]

So, the apartment community grants ESA the same protections as Service Animals? That seems odd. I'd suggest your daughter and other roommates, if they want, find a new living arrangement and walk out of the lease. The people left will be responsible for the lease and will have to find new roommate(s) or pay the difference. This happened to me...I had 2 roommates move out suddenly to live with boyfriends and I had no discourse with getting them to be responsible for their portion of the lease. Basically, joint leases mean nothing unless all parties violate the terms simultaneously. I had to go through a litany of horrible roommates (a drug addict, a sex addict, a schizophrenic woman who wanted to eat my fingers because she thought I was a witch...).

What this girl is doing is completely disrespectful.

ESA, with respects to what's being discussed, are covered not under ADA but under the Fair Housing Act.

It's not that they have the same protections as Service Animals though. It's in respects to housing. So not odd at all.

 

[Mackenzie Click-Mickelson]

OP to be honest I'm not sure what you can do in respects to your daughter being a tenant. Most of the assistance is for when a person, with an ESA, is being discriminated against in violation of the FHA.

I kinda agree if things don't work out it's possible your daughter (and the other roommates) may end up having to break the lease or try to see if someone would sublease that is acceptable both of which would just mean they would be living elsewhere which is obviously not ideal. Like others said it is possible that could mean the roommate in question decides to leave if she thinks she can't pay on her own (if no subleasing occurs) but yeah that wouldn't be a guarantee. I think the apartment complex may have legal recourse though should the animal prove to be a nuisance but that would mean time would have to go on for that to be shown.

 

[mjkacmom]

OP, maybe peer pressure? This is really unfair to everyone. No one wants to live in a situation where everyone is mad at them, I don’t think that would be good for her anxiety.

 

[Mackenzie Click-Mickelson]

I'm reasonably intelligent. I can't figure out how an ESA can be effective only when the roommate is away from stressful situaions, like work and classes.

I think it's kinda a catch 22.

Since legally ESA's aren't covered the same way SA are you may not be able to just take your animal wherever even if that is what would put you more at ease.

 

[cvjw]

It's not that complicated. She is part of a joint lease. She can walk away without penalty. The responsibility lies with the remaining roommates to fill the void. The only other option is ALL the roommates agreeing to break the lease and divide the lease break penalty equally, and go their separate ways.

They can't force her out, but they can threaten to leave her high and dry, and she may reconsider this ridiculous plan.

All of my boys leases have been individual leases in a multi person unit. I would not proclaim that they can just leave the lease. There are legal ramifications.

 

[Sabeking]

I sympathize; my daughter is living in a similar situation. She however lives on campus in an apartment style dorm. Her roommate showed up with a ESA mid year last school year. It is a corgi. It’s a sweet dog but my daughter says he gets zero exercise. The girl who owns it is a double major/ double minor and works 3 jobs. Honestly she is probably stressed just from that!! The dog is kenneled and when he gets out he is wild!! My DD did live with her again this year and they are moving into an apartment next year together. It worked out because there was enough good about the rest of the living situation that my DD didn’t want to start over. Have they established some rules about the dog? I know you all are stressed but could it work out if there are some clear guidelines? That is what my daughter and the other 3 roommates did when the roommate came home with the corgi.

Both my DD’s go to the same college and tell me the ESA thing has gotten out of control in campus housing. It has gotten so bad that the campus residence life/ security is now taking away dogs that are not properly registered and giving students 24 hours to get rid of the dog or they will take it to the pound. Just this year I think they have told me about at least 20 kids they know getting an ESA.

 

[tzolkin]

I don't know how any reputable therapist can think a husky puppy would make a good emotional support animal, especially with her busy schedule.

I'm sure that the therapist would agree with you that a husky puppy would not make a good ESA in this situation, but the therapist just states that the individual would benefit from an ESA. They have no say over what ESA the patient chooses.

A puppy (especially a husky) is really about the worst ESA I could think of for someone to get in this situation. It absolutely does sound like the girl is just a spoiled brat looking for a way to get a puppy because she wants one and she does not care about how anyone else (including the puppy) is affected by her selfish decision.

My oldest has an ESA. She had a prior serious suicide attempt and had been hospitalized for quite some time. She left college, started a FT job, and was living on her own for about 6 months before the therapist recommended that an ESA would be good for her. Our family owned a dog that was trained and certified as a therapy dog (I volunteered with him visiting nursing homes and hospitals). DD loved him and really wanted to have him live with her, but she recognized that taking care of a dog would be too much for her with working FT so she opted to get a cat instead because that was the more responsible decision.

Her cat did no damage and never went outside, but she still did not get back any of her security deposit when she moved a few months ago it wound up costing her way more than the pet fee would have been. I'm sure in the OP's case, the landlord will find something to do with the puppy to keep the deposit or charge for damages. I would definitely push for something in writing holding the owner responsible for any pet damages, but honestly I think living with a rambunctious puppy that does not get proper exercise and training is enough of a nightmare regardless of whether the roommates have to pay any expenses.

 

[kaytieeldr]

A puppy (especially a husky) is really about the worst ESA I could think of for someone to get in this situation. It absolutely does sound like the girl is just a spoiled brat looking for a way to get a puppy because she wants one and she does not care about how anyone else (including the puppy) is affected by her selfish decision.

I couldn't simply upvote this. It bears repeating!

 

[Pea-n-Me]

It puts the roommates in a real quandary. They will not want to see a puppy neglected, yet if they help with the dog, they’re enabling a bad situation.

I think if they see neglect, they should keep a low threshold for reporting it to the animal control authorities. Someone should be advocating for these animals, as well (corgi, husky). A puppy being couped up in a crate or room all day by a student who’s unavailable to them most of the time, in their own excrement, with little training, socialization or exercise (and ? fresh food, water and medical care, vaccines, etc.) is not a great way for a young animal to live. At worst it could be considered neglectful and cruel and I would encourage them to report it if its needs aren’t being met.

But it will be very hard to sit by and watch that happen. More than likely they’ll be involved in the care of the dog, which stinks for them if they weren’t on board with it from the get go or resent it, it causes disruption, etc.

 

[piccolopat]

I think the OP's DD may need to consult someone who is an expert in these rules. The roommates should insist that the dog only be in the owner's room and caged whenever she is not home. It should not be allowed in the common areas or in the other bedrooms. They should be clear that no one but the owner is responsible for caring for the dog and keeping the place clean from any messes it causes. They should also keep photographic evidence of any and all damage the animal causes.

 

[TeresaBelle]

I think the OP's DD may need to consult someone who is an expert in these rules. The roommates should insist that the dog only be in the owner's room and caged whenever she is not home. It should not be allowed in the common areas or in the other bedrooms. They should be clear that no one but the owner is responsible for caring for the dog and keeping the place clean from any messes it causes. They should also keep photographic evidence of any and all damage the animal causes.

These are the kind of rules they've put in the roommate agreement, but, like I said, they can't make her sign it.

I told DD to immediately report any neglect to the leasing office and the humane society. It will be really hard for them to listen to the puppy crying when crated all day.

 

[Imzadi]

It puts the roommates in a real quandary. They will not want to see a puppy neglected, yet if they help with the dog, they’re enabling a bad situation.

I think if they see neglect, they should keep a low threshold for reporting it to the animal control authorities. Someone should be advocating for these animals, as well (corgi, husky). A puppy being couped up in a crate or room all day by a student who’s unavailable to them most of the time, in their own excrement, with little training, socialization or exercise (and ? fresh food, water and medical care, vaccines, etc.) is not a great way for a young animal to live. At worst it could be considered neglectful and cruel and I would encourage them to report it if its needs aren’t being met.

Yes, this is why I said to take photos and videos. maybe they can send them to husky rescues. And while I've never been a big fan of people posting their lives all over social media, this might be one time where posting pics of the puppy being neglected and living in it's own excrement during the day, might get the proper animal control groups or rescue groups involved to put pressure on the roommate to do the right thing and give up the puppy.

 

[wenrob]

Really, the best option, if the other roommates are on your DDs side, is to basically tell that girl if she does this, she has to find a new place to live, or the rest will walk out on the lease. She may change her tune at that point.

This! Exactly what I was coming to say. Make her break the lease and if she refuses then they should walk. You don’t just get to burden people with a puppy and all that entails no matter the reason.