What are my option after emotional support dog gets into a fight at dog park?

////What are my option after emotional support dog gets into a fight at dog park?

Question

I have lived in an apartment complex with Lacy for 3 Years and never had any problems. I keep her on a leash at all times unless we are in the dog park. Occasionally we go there to play fetch and get some needed exercise. When another dog owner asked to join I decline and say give me a minute to leave. This time it was different, she kept insisting her dog was fine and wanted in. Lacy saw an opening in the fence and went after her dog. We got them apart and neither dog was injured or went to a vet even though we offered to pay her vet bill just to make sure. I went to the office just to report the incident and police and animal control were called. I was fined and the next week was told I had 7 days to get rid of my dog and was told I had no other options. I wanted to know if I do have any options? Thanks for your time!

Answer

All too often tenants become intimidated when threatened by a landlord even when the landlord may not have a meritorious case. Just because a landlord makes a demand does not mean that the tenant has to comply in all situations. I suggest you consult immediately with a landlord/tenant attorney in your area. Rights and obligations may depend on the terms of your lease, relevant laws, including laws affecting people with disabilities, among other things. See https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf. A landlord/tenant attorney can also advise on timing of court proceedings if the landlord decides to sue (and these types of cases can take quite a while). Again, even if a landlord sues, that does not mean the landlord will be successful, particularly in a situation where an animal is an emotional support animal and has not caused substantial injuries or damage. Sometimes offering to hire a trainer and/or agreeing to use a muzzle when on and adjacent to the premises can resolve a dispute. Good luck!

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By |2022-06-14T15:17:11-04:00April 14th, 2022|