ESA issue

[sk!mom]

ESA’s do seem to be too easy to get and a bit out of control.

Most college leases these days seem to be individual but usually any damage is split among the lease holders. The individual leases just protect each renter should anyone move out or break the lease.

My DD wanted to get a dog senior year but her lease required the agreement of all lease holders in the apartment, one girl wouldn’t agree so DD haD to wait until after graduation. If peer pressure doesn’t work, then I would advise your DD to start looking for a new situation without this girl and her dog for next year. Unless you/she are willing to buy her out of her lease she may just have to stick it out the next few months. I’m glad college living is in the past for us- so many hassles!

 

[Mackenzie Click-Mickelson]

The individual leases just protect each renter should anyone move out or break the lease.

The apartment I lived in for my last two years of college was rented per room with individual leases. It was actually all utilities paid included in rent but electricity was capped and then whatever you went over on the cap was dividing amongst the number of people in the apartment.

The main benefit wasn't actually move out or break the lease because that never really factored into it since each room was rented completely separately but it was really more advertised in respects to paying rent. It didn't matter if your roommate didn't pay their rent (or their portion of the electricity should you go over on the allottment) because you were never factored into that.

However, upon move out yes they did split up charges should you not adhere to the checklist (like cleaning out the fridge/freezer, dusting things including the ceiling fan, etc etc) but you still weren't held responsible should your prior roommate not pay that.

That was glorious in my case as a roommate I had got onto academic probation, then was prohibited from enrolling in classes for a semester when she failed to get herself off academic probation and she rode off into the sunset for that entire next semester with her boyfriend who lived 4hours away. What did I care that she was never there because if she didn't pay her rent that was on her and breaking the lease wasn't really an option she wanted to do. That entire setup is probably still more unique than what you're talking about which is probably more common though.

 

[mjkacmom]

Both dd18 and ds21 needed me to co-sign leases, but if a roommate moves out, all remaining roommates are on the hook for rent and utilities. There are always posts on parent Facebook pages looking for sublease.

 

[TeresaBelle]

The other problem with breaking the lease (as I agree most college leases are individual and you are still on the hook if you walk out) is finding another place to live in the middle of the school year.

OP unfortunately your daughter is probably stuck. I am glad she brought her couch home. She needs to make sure her stuff is always in her room with the door shut. I would also encourage her to study at campus libraries and spend as much time as she can out of the apartment.

On the bright side it is only for probably five months so hopefully the time flies by. I am sorry this happened to her as I am sure it is extremely frustrating.

This is what I'm thinking also, but I've contacted our local legal aid office for advice. Waiting to hear back. They may tell me I need to contact legal aid in her college town, which is about three hours away. I've looked up their info and have it handy, just in case.

I've also contacted my insurance company asking specifically if things would be covered in this case under renter's insurance.

You are right, it is only 4/5 months. And hopefully will go quickly. But it's so unfair!

 

[KPeterso]

Feel so bad for the original poster. I would have to leave as my allergies would kill me with the pet hair and dander. It would not be pretty to see me that sick and miserable.

I have a co-worker who (currently) has 2 huskies. He used to have 3, but 2 passed away and the one left was very lost without the other 2. They truly are pack animals, so he got another who is younger and the older one has mellowed and the younger feeds off that and is a bit more mellow, but still super high energy. He spends several hours each weekend at the dog park with them and is still walking them a lot. He has a good size yard and a doggy door for them to go out to the backyard all day.

 

[J'aime Paris]

Feel so bad for the original poster. I would have to leave as my allergies would kill me with the pet hair and dander. It would not be pretty to see me that sick and miserable.

I have a co-worker who (currently) has 2 huskies. He used to have 3, but 2 passed away and the one left was very lost without the other 2. They truly are pack animals, so he got another who is younger and the older one has mellowed and the younger feeds off that and is a bit more mellow, but still super high energy. He spends several hours each weekend at the dog park with them and is still walking them a lot. He has a good size yard and a doggy door for them to go out to the backyard all day.

Is there no recourse in a situation like OP posted for a person with terrible allergies? That could be really terrible for people who suffer from allergies...

 

[Hikergirl]

ESA’s do seem to be too easy to get and a bit out of control.
Most college leases these days seem to be individual but usually any damage is split among the lease holders. The individual leases just protect each renter should anyone move out or break the lease.

My dd is on an individual lease and her apartment complex is pet friendly so when you sign your lease you state whether or not you are OK with sharing the apartment with someone with pets. If you say "no" you are placed with a roommate who has stated the same and it's a "no pet" lease for the entire year.
My dd moved in with her friend who has a dog, so it was known going in that there would be one in the apartment, which my dd is totally OK with anyway. The nice thing about their leases is that the individual dog owner is 100% responsible for any damage done by their pet.

This thread does have me concerned though since my dd needs to find an apartment that offers half year leases for next year. I told her she needs to read all the fine print in her lease regarding animals and who is responsible for damages. Of course she's stuck between a rock and hard place since most places only do full year leases, she will have to take what she can get.

 

[Mackenzie Click-Mickelson]

Is there no recourse in a situation like OP posted for a person with terrible allergies? That could be really terrible for people who suffer from allergies...

It's literally no different than a service dog in that respects. Obviously some breeds shed a heck of a lot more than others though.

 

[kaytieeldr]

I had Hot Bench on this morning, but I wasn't really paying attention. The lawsuit had something to do with Huskies, and the Husky owner lost.

 

[KPeterso]

Is there no recourse in a situation like OP posted for a person with terrible allergies? That could be really terrible for people who suffer from allergies...

I honestly have no idea. I have never been in that situation. I just know that it would not be workable for me. I can walk in a house and know if there is a cat or a dog with fur/dander without ever seeing the animal. It does not matter how clean a house is, I will know as my eyes will immediately start itching and watering, followed immediately by sneezing and wheezing. But I am allergic to a lot and take more than one allergy med a day (under doctor's orders) to try to keep me breathing pretty well. If I know I am going to a house with several pets, I would double up my meds and use my inhaler ahead of time and have additional on hand just in case.

 

[sk!mom]

The apartment I lived in for my last two years of college was rented per room with individual leases. It was actually all utilities paid included in rent but electricity was capped and then whatever you went over on the cap was dividing amongst the number of people in the apartment.

The main benefit wasn't actually move out or break the lease because that never really factored into it since each room was rented completely separately but it was really more advertised in respects to paying rent. It didn't matter if your roommate didn't pay their rent (or their portion of the electricity should you go over on the allottment) because you were never factored into that.

However, upon move out yes they did split up charges should you not adhere to the checklist (like cleaning out the fridge/freezer, dusting things including the ceiling fan, etc etc) but you still weren't held responsible should your prior roommate not pay that.

That was glorious in my case as a roommate I had got onto academic probation, then was prohibited from enrolling in classes for a semester when she failed to get herself off academic probation and she rode off into the sunset for that entire next semester with her boyfriend who lived 4hours away. What did I care that she was never there because if she didn't pay her rent that was on her and breaking the lease wasn't really an option she wanted to do. That entire setup is probably still more unique than what you're talking about which is probably more common though.

This is a longer description of the type of lease my DD had all through college.

 

[Luv Bunnies]

DS21 lives in an on-campus apartment with three roommates. One guy's girlfriend has an ESA (a pomeranian) that she frequently brings to their place. My DS is OK with it. He was friends with the girl and her dog before his roommate met her. I've only been to the apartment once since the school is over 2500 miles away. There was a dog dish on the kitchen floor and dry food was scattered in and around it. I asked DS if that bothered him and he said no, the roommate usually keeps the dish in his room. I did tell him to be careful about noting any damage or messes made by the dog. He and the other roommates don't want to end up being responsible for it in May when they move out.

The same roommate and his buddy (a guest) were messing around one day and accidentally punched a hole in the wall. It happens to be right outside of DS's bedroom door. He said the roommate knows it's totally his responsibility and he plans to pay for it. I know the guy and his mom and I trust that they will pay for it. I just want to make sure that we don't have to pay for anything caused by other people or the visiting dog. The same four guys are planning to stay together as a group and live in the complex again next year. They'll have to move out in May since it's university housing and will be used for the summer session. Hopefully the move out/damage payment process goes smoothly!

 

[Imzadi]

The other problem with breaking the lease (as I agree most college leases are individual and you are still on the hook if you walk out) is finding another place to live in the middle of the school year.

OP unfortunately your daughter is probably stuck.

Not necessarily. Some students find college isn't for them and decide to leave at the end of the Fall semester. Some grad students load up on courses so they only have one term left and also leave at the end of the Fall semester. Both of these students need to find people who they can sub-lease too. OP, I would suggest not giving up on this idea.

And if she does have to stay. Have her and the other roommates take a lot of photos of the apartment, the walls, all the furnishings BEFORE the dog is brought in. Have them FORCE the roommate with the dog sign a written agreement that it is her responsibility to pay for all damages, and that they have proof of what the place and their possessions look like before the dog arrives.

As a whole, they may owe the landlord as a group for the damages. But, perhaps, they can take her to Small Claims Court for the damages, especially if she signed something. (Check with a lawyer, to see if that would be valid & enforceable.) But, even if it's not, the roommate would have to do her own research to find that out. It may be enough incentive to get her to give up the dog early on, or the idea of it, as she realizes she will be responsible for it. That she can't just palm it, the responsibilities for it's care, and the financial damages onto her roommates.

 

[Imzadi]

Huskie are also crazy shedders. There will be dog hair everywhere.

DD should recommend to the roommate to get a FURminator brush! it is literally a miracle brush/comb. There are YouTube videos on this of how it takes off shedding hair. Some dogs look like sheep being sheared, so much hair is coming off. But, it's just the shedding hair. The brush doesn't pull out excess hair. It's a bit expensive, but so worth it.

When I had a cat, I used to have cat hair dust bunnies, that looked like tumble weed in the corners, during shedding season. I got a FURminator and all that was gone! When I got my cat's brush the Amazon reviews were only up to about 2,000. NOW, it's well over 16,700 positive reviews.

https://www.amazon.com/Furminator-Undercoat-Deshedding-Tool-Large/dp/B0040QQ07C/ref=sr_1_4?

 

[Christine]

I honestly have no idea. I have never been in that situation. I just know that it would not be workable for me. I can walk in a house and know if there is a cat or a dog with fur/dander without ever seeing the animal. It does not matter how clean a house is, I will know as my eyes will immediately start itching and watering, followed immediately by sneezing and wheezing. But I am allergic to a lot and take more than one allergy med a day (under doctor's orders) to try to keep me breathing pretty well. If I know I am going to a house with several pets, I would double up my meds and use my inhaler ahead of time and have additional on hand just in case.

This is how my cat allergies are. If I was in a roommate situation and someone sprung a cat on me where I live, I'd be in serious trouble.

 

[KPeterso]

This is how my cat allergies are. If I was in a roommate situation and someone sprung a cat on me where I live, I'd be in serious trouble.

Yes, sounds just like me! It would not be a livable situation for me! But it is an interesting question as to whose need trumps the other ---- the person who needs a ESA or the person who cannot live with the animal because it would make them physically sick?

 

[Hikergirl]

Yes, sounds just like me! It would not be a livable situation for me! But it is an interesting question as to whose need trumps the other ---- the person who needs a ESA or the person who cannot live with the animal because it would make them physically sick?

Allergies are protected under the ADA, I don't think ESAs are. If there was to be a legal battle, I think the allergy sufferer would win.

 

[Mackenzie Click-Mickelson]

Allergies are protected under the ADA, I don't think ESAs are. If there was to be a legal battle, I think the allergy sufferer would win.

But we're not talking about the ADA. The ADA doesn't factor into this. We're talking about FHA. I don't think it's cut and dry here because the ESA is covered under that so you have a situation where the person with an ESA cannot be discriminated against because they have an ESA, who is not considered a pet.

 

[Hikergirl]

But we're not talking about the ADA. The ADA doesn't factor into this. We're talking about FHA. I don't think it's cut and dry here because the ESA is covered under that so you have a situation where the person with an ESA cannot be discriminated against because they have an ESA, who is not considered a pet.

That is why I mentioned legal battle. I also said "I think" the allergy sufferer would win, which implies it's just an opinion.
A person with allergies cannot be discriminated against either, one side would be a loser here.

 

[Mackenzie Click-Mickelson]

That is why I mentioned legal battle. I also said "I think" which implies it's just am opinion.

I understand.

However, an ESA has more legal grounds in terms of housing. The allergy sufferer does not. That's where I was coming from.