[WhoKnowsanyhow]

Thank you so much Soup Nazi. This site never came up in all of my own searching, I appreciate your help and the link.

[FrugalYankee]

This is a good resource too.

http://accd.vermont.gov/sites/accd/f...s%20module.pdf

Don't be too nice. The deadbeats and baloney artists know every trick in the book and get free help from lawyers to boot.

Good luck.

[WhoKnowsanyhow]

Update: Our tenants were officially served, last Friday by our local Sheriff, the Summons and Complaint. Hopefully all things work out and they move on without much ado. However, we still have to deal with this Housing Discrimination complaint our tenant filed with Vermont Human Rights because of the supposed companion pet and not making accommodations. If you recall from my original post my husband attempted to give the tenants a revised lease that included the pet but the tenant refused to open the front door to accept it. This has been bothering my him to no end, he claims that because she did not take the lease she can claim we never attempted to give it to her. He's contacted the Lawyer who will be drafting a letter and a copy of that lease to send to the tenant for her refusal. My question is why even bother? The eviction process has already started, they know they are no longer welcome in the rental, what would be the point? The dates won't match up, she'd be receiving it after the housing complaint was made. Seems to me this would be muddying the waters rather than clearing things up.

[FrugalYankee]

She may be hoping that she can stall the eviction process and stay there for as long as it takes to get the complaint issue resolved.

You've probably done this, but make sure to file for payment of rent into court escrow. If she doesn't do that it will help speed up the eviction lawsuit,

[fluffythewondercat]

Originally Posted by WhoKnowsanyhow

Hopefully all things work out and they move on without much ado. However, we still have to deal with this Housing Discrimination complaint our tenant filed with Vermont Human Rights because of the supposed companion pet and not making accommodations.

You keep saying companion pet but don't you really mean emotional support animal?

https://en.wikipedia.org/wiki/Emotional_support_animal

The Fair Housing Act Amendments emotional support animal (not service animal) law is potentially a huge headache for landlords. It's an area in which they must tread carefully.

It looks as though your tenant knows the law better than you do and brought the animal in believing she could forestall an eviction for non-payment of rent.

[LarryJ]

Originally Posted by WhoKnowsanyhow

Update: Our tenants were officially served, last Friday by our local Sheriff, the Summons and Complaint. Hopefully all things work out and they move on without much ado. However, we still have to deal with this Housing Discrimination complaint our tenant filed with Vermont Human Rights because of the supposed companion pet and not making accommodations. If you recall from my original post my husband attempted to give the tenants a revised lease that included the pet but the tenant refused to open the front door to accept it. This has been bothering my him to no end, he claims that because she did not take the lease she can claim we never attempted to give it to her. He's contacted the Lawyer who will be drafting a letter and a copy of that lease to send to the tenant for her refusal. My question is why even bother? The eviction process has already started, they know they are no longer welcome in the rental, what would be the point? The dates won't match up, she'd be receiving it after the housing complaint was made. Seems to me this would be muddying the waters rather than clearing things up.

You have two very different issues here.
Non payment of Rent and Violation of Pet Policy.

Hard part is that you also have an attorney and everything you are asking is asking for legal advice.
Any advice to the contrary of the attorney could be construed as tortious interference between you and your attorney.

That said, here is some info on an ESA as the cat is clearly NOT a Service Animal.
Read the second paragraph very carefully. Unless your tenant requested the ESA in writing, they violated another clause in the lease (first being paying rent on time) and a letter from a doctor asking you to consider the animal is not a letter stating the animal is required.

Ref: https://adata.org/publication/service-animals-booklet

c) Housing

The Fair Housing Act (FHA) protects a person with a disability from discrimination in obtaining housing. Under this law, a landlord or homeowner’s association must provide reasonable accommodation to people with disabilities so that they have an equal opportunity to enjoy and use a dwelling.8 Emotional support animals that do not qualify as service animals under the ADA may nevertheless qualify as reasonable accommodations under the FHA.9 In cases when a person with a disability uses a service animal or an emotional support animal, a reasonable accommodation may include waiving a no-pet rule or a pet deposit.10 This animal is not considered a pet.

A landlord or homeowner’s association may not ask a housing applicant about the existence, nature, and extent of his or her disability. However, an individual with a disability who requests a reasonable accommodation may be asked to provide documentation so that the landlord or homeowner’s association can properly review the accommodation request.11 They can ask a person to certify, in writing, (1) that the tenant or a member of his or her family is a person with a disability; (2) the need for the animal to assist the person with that specific disability; and (3) that the animal actually assists the person with a disability. It is important to keep in mind that the ADA may apply in the housing context as well, for example with student housing. Where the ADA applies, requiring documentation or certification would not be permitted with regard to an animal that qualifies as a “service animal.”

Best of luck

[StuartGotts]

Unfortunately, I think you are looking at a minimum of 5 months with no rent.
Weigh the options and you might want to consider paying her to leave.

[WhoKnowsanyhow]

Thanks everyone, amazingly a few days after being served with the summons and complaint they moved out. I appreciate your post LarryJ, and the links you provided me. I'm doing my research on this subject, certainly not trying to interfere with my attorney

Yes, I meant emotional support animal, but the cat has been referred to as both fluffythewondercat

They are now suing us and in her statement says we evicted her for non-payment of rent as retaliation for the emotional support animal being present. It's been very trying to say the least but I appreciate all of your honesty and your feedback.

[LarryJ]

Originally Posted by WhoKnowsanyhow

Thanks everyone, amazingly a few days after being served with the summons and complaint they moved out. I appreciate your post LarryJ, and the links you provided me. I'm doing my research on this subject, certainly not trying to interfere with my attorney

Yes, I meant emotional support animal, but the cat has been referred to as both fluffythewondercat

They are now suing us and in her statement says we evicted her for non-payment of rent as retaliation for the emotional support animal being present. It's been very trying to say the least but I appreciate all of your honesty and your feedback.

According to the ADA, the only two questions a person can ask about a Service Animal is:
Is this a Service Animal?
Does it provide a service to you?

A Landlord may ask for a letter from the doctor since it is thought to be long term.

The best this about the law is this.
It is illegal to fake having a service animal or even an ESA. In court you can demonstrate that they are faking. Sometimes the judges will do this on their own. In other words, the last place a person faking an ESA wants to be is in court because only in court can you demand proof they are not faking it. Proof means letter from a doctor. Most doctors won't put themselves on the hook unless there is real need because if caught in a lie, they could jeopardize their license.

You're attorney will or should be loving this opportunity.

[Vacanegro]

Originally Posted by LarryJ

According to the ADA, the only two questions a person can ask about a Service Animal is:
Is this a Service Animal?
Does it provide a service to you? WHAT service does it provide to you ?

(Note that service animals must have been through training by someone certified. Not all animal types can qualify as service animals - I know dogs and miniature horses have been certified. Changes to the law were made after rampant abuse of the Service Animal designation.)

A Landlord may ask for a letter from the doctor since it is thought to be long term.

The best this about the law is this.
It is illegal to fake having a service animal or even an ESA. In court you can demonstrate that they are faking. Sometimes the judges will do this on their own. In other words, the last place a person faking an ESA wants to be is in court because only in court can you demand proof they are not faking it. Proof means letter from a doctor. Most doctors won't put themselves on the hook unless there is real need because if caught in a lie, they could jeopardize their license.

You're attorney will or should be loving this opportunity.

Just to add what Larry says above. I don't think a cat can qualify as a service animal.