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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Junior Member
Last Online:
Sep 18th, 2008 02:01 PM Join Date: Sep 2008
Posts: 2
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I moved into a rented condominium in wisconsin on August 26th. I posted an ad on craigslist in July under housing wanted that said we were seeking a new home that must allow a dog. The landlord contacted me and said pets were fine. 3 days after we moved in a board member handed my boyfriend a piece of paper that was a memoradum printed october of last year that stated the by-laws had been changed and these were now all no-pet condominiums. Owners who had pets were to be grandfathered in, but if a pet dies it cannot be replaced.
The association has fined my landlord a few hundred dollars. I assumed they would continue to fine him as long as we lived here, but I've been sent a copy of a letter from the associations lawyer to my landlord that states the dog must be permanently removed within 3 days or he would commence legal action against the landlord and tenants. My landlord said that even though my lease allows pets, the condominium by-laws are automatically part of the lease. He said they can evict us and even reposess his condo if we keep the dog. My question is, is there any way I can win in court against the association? Obviously they have more money to spend and probably an excellent lawyer. I love my dog - I got him in April and since then I've lost 35 lbs and my depression has lifted. Can I argue that I need him for psychological reasons? Are there any precedents in Wisconsin that may make it easier for me to win in court? Do I have any options at all, or am I screwed? Thanks |
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#2 |
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Top Level Member
Last Online:
Yesterday 03:47 PM Join Date: Mar 2008
Posts: 317
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You can make the landlord pay you for the costs of changing locations if he cannot resolve this. He made a deal with you and failed to do it correctly.
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#3 |
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Posts: n/a
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The condo association by-laws are a rule that all occupants must follow. Your LL was negligent in not noticing that the laws had changed and in telling you that you could have a pet. You will probably have to move and can pursue the LL for the costs since you specifically requested a unit for dogs. (Save and print all copies of your ad showing that you intended to have a dog all along.)
The only out for you would be if your doctor states and wrote a letter saying you have a medical need for a companion animal. While iffy in some areas, these animals have been found to be equal in places to a service animal (like a dog for the blind). Service animals are exempted from no pets rules by the Americans with Disabilities Act. |
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#4 |
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Junior Member
Last Online:
Sep 18th, 2008 02:01 PM Join Date: Sep 2008
Posts: 2
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Thank you, that was helpful information. Do I have to have my medical doctor write a letter or can I have my therapist do it?
Also, my dog is supposed to be gone by midnight tonight. Am I better off to find someone to hold him until I can have a letter from my therapist delivered to the association's lawyer, or should I keep him on the premises? Somehow I feel like if I am rid of him for even a short time, I am more likely to lose. It's like admitting defeat. What are your thoughts on this? Is depression considered a disability in Wisconsin? Is this a stretch or do I have a legitimate chance of keeping the dog? |
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#5 |
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Posts: n/a
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Whatever. I think you should take your dog and GET OUT instead of making up phony lies to get around the rule.
Dog owners are oblivious to the problems they cause, from simply being rude and discourteous to causing legitimate pollution problems for their condo buildings and their neighborhoods. If the condo association has a "no dogs" rule, they'll probably still try to get you out even with the manufactured medical release. |
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#6 |
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Posts: n/a
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I don't know who that last poster was, but the answer was not helpful. It was not the poster who posted the helpful information (me).
Depression can be treated with companion animals. But getting your pet declared as a companion animal may depend on if other treatments are available to you (can you take medications, therapy, counselling, etc?). Consult the Americans with Disabilities office nearest you for more info. |
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