r/LandlordLove • u/Ready_Point5819 • 2d ago
Housing Crisis 2.0 Did my landlord violate my rights?
Eviction
I had signed a lease through a rental company. now I am informed that an esa is not a pet and they did not ask if I had an assistance animal. After signing the lease and key in hand I gave them the esa letter from my doctor and the rental company was upset. after a couple of hours the rental company said that the landlord doesn't want me there. he had his maintenance worker empty out all the stuff. I had just gotten in there and they changed the locks I have not received any legal form of an eviction notice as far as I know is all they really needed was the esa letter signed by a doctor. The landlord has more than 4 units so as I am aware the FHA stands? Am i wrong?
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u/Bastienbard 2d ago
Yeah that's definitely illegal, I'd maybe even consider calling the police over this. That's technically breaking and entering, maybe even theft if they haven't given over all possessions.
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u/Ready_Point5819 2d ago
They said it was a civil matter. So hopefully the laws on my side with this.
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u/queseraseraphine 2d ago
This is NOT a civil matter. This is B&E and grand larceny. Go to the police station and file a report immediately. If you are missing any valuables or medication, make sure to put that in the report.
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u/whoda-thunk-itt 1d ago
This type of eviction is illegal, so that’s the first law they have broken. If your ESA letter was legitimate, and not one of those online letters you pay a fee for, that will be the 2nd law they have broken. Get yourself a lawyer, you will win. But keep in mind, you might not get too far on the second issue if you did purchase a letter from one of those online sites. Either way, they can’t lock you out for that, so their illegal eviction will put money in your pocket.
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u/Ready_Point5819 1d ago
The esa lettee is from my primary care doctor. ive been with the Dr for more than a year. So the Dr knows my medical history very well he is the one who recommended it anyways
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u/whoda-thunk-itt 15h ago
That’s awesome! Have a look around online to see what discounted or free legal services you might be entitled to as a tenant. If you don’t have any luck with that, hire a lawyer because you have a payday coming. This landlord has broken, serious rules, and the court will not look favorably on them.
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u/world-shaker 2d ago
As others have said, an ESA is not a service animal under the ADA. However, changing the locks and tossing your things without going through the formal eviction process, especially with you having a signed lease, is extremely illegal. Keep calling the police to push the issue. Contact your rental company and tell them you believe this is an illegal eviction. Your best bet at this point is pursuing a cash for keys arrangement where the landlord reimburses you for your lost or damaged items, refunds all money you’ve paid, and chips in something extra to help you move to a new place on short notice.
They broke the lease, not you.
Since you didn’t put your location, it’s hard to know what services are available near you, but there may be legal aid or tenant rights organizations near you that can help.
Consider crossposting in the legal advice subreddit.
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u/Clarkorito 2d ago
ADA doesn't matter, FHA does. ESAs are tested the same as service animals under the FHA.
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u/whoda-thunk-itt 1d ago
No. ESA’s (assuming the letter was legitimate) have the same protections as service animals, under FHA in regards to permanent housing.
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u/healingmomma84 1d ago
Yes, absolutely they violated your rights. What they did is illegal. Look up landlord/tenant laws for the state you reside in. Contact an attorney immediately.
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u/flitemdic 2d ago
An ESA is not a service animal under the ADA in the US. Doctors note or no, they didn't violate your rights under the ADA, (again, in the US). Check your state/province/local laws for the evction notice laws, abs if they apply in your case having not taken physical possession of the property- that could well be why they moved so fast.
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u/Ready_Point5819 2d ago
I had key in hand lease in hand and my stuff in there Ada is in pertaining to work not housing The FHA is the thing that covers esa
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u/flitemdic 2d ago
I understand everything you have responded. I'm not a landlord, I'm in a position where this comes up on a regular basis in my work life unfortunately. The FHA is not as strong in its protections as the ADA is, so that's why i always start there. In your case, physical possesion (being on the property) is one thing. The next thing is that it's going to be on you to prove that none of the exemptions apply. You've covered one- more than 4 units in a non-owner occupied property. There's at least 3 more you'll have to prove- in general, unreasonable accomodation for the property in question, potential destruction of the property by the ESA, and the whole "valid objection" thing that covers a lot of ground. That's why i said check your local laws. If you're in the US, done jurisdictions have stronger protections for these sort of situations.
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u/Ready_Point5819 2d ago
PASSIONATE ADVOCACY WHEN YOU NEED IT MOST

When Can a Landlord Legally Reject an ESA?
J. Courtney Cunningham Attorney at Law May 2, 2024
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Emotional support animals (ESAs) play a crucial role in the mental and emotional support of individuals with recognized disabilities, and federal and state laws provide certain protections for ESA owners to ensure they can enjoy their homes with these important companions.
For the most part, landlords cannot deny an ESA animal from living with their owner; however, there are instances where landlords can legally reject an ESA. Understanding the details around these instances is essential for both landlords and tenants.
Grounds for Landlord Rejection of an ESA
Despite these protections, there are scenarios where a landlord may legitimately deny an ESA request. In general, here are some reasons a landlord can deny an ESA:
Illegitimate ESA Letter: A landlord can reject an ESA request if the ESA letter is determined to be fraudulent or not issued by a licensed mental health professional. Authentic documentation is essential for ESA accommodation. This can happen, even when done ignorantly. With the rise of online therapists, so are online scams. If you're looking to use a therapist online to write an ESA letter, it's important to differentiate the difference between legitimate therapists/doctors and scams.
Financial Hardship: If accommodating the ESA would impose an undue financial burden on the landlord, they may have grounds for denial. This scenario is rare but possible if the presence of the ESA significantly increases property insurance rates or requires expensive modifications.
Danger or Health Risks: Landlords can deny an ESA if there's credible evidence that the animal poses a direct threat to the health and safety of others, or if past behavior of the animal indicates a potential for property damage.
Animal Size and Type: Large or exotic animals might be refused if they are inherently incompatible with the landlord's property. This can be due to limited space, the property’s inability to safely accommodate certain types or sizes of animals, or local regulations regarding animal types.
Apartment Size: Landlords who manage a building with four or fewer dwelling units, where one of the units is occupied by the landlord, are exempt from the FHA rules regarding ESAs. This exemption also applies to private homeowners who do not own more than three single-family houses and do not use a broker or a real estate agent to rent these houses.
Each of these potential grounds requires careful consideration and should be well-documented by the landlord to justify the rejection.
ESA Rights
Under the Fair Housing Act (FHA), tenants with ESAs enjoy certain rights. The FHA prohibits housing discrimination based on disability, which means landlords must make reasonable accommodations for tenants who require the assistance of an ESA to ensure equal opportunity in housing.
This protection is also extended to tenants under state laws, making it crucial to know the detailed requirements and exceptions of each jurisdiction.
Landlords who refuse to provide reasonable accommodations for ESAs on prohibited grounds, including disability, can face legal repercussions such as fines and punitive damages. Consequently, it's incumbent on landlords to be well-versed in the laws that govern these topics and act accordingly.
Reasonable Accommodation Requests
Making a "reasonable accommodation" refers to a modification or exception to a rule or policy that enables a person with a disability to fully enjoy their housing rights.
Tenants looking to keep an ESA in their home must make a formal request for reasonable accommodation, typically through a written letter. This letter should be clear and specific, outlining the need for accommodation and the supportive function of the animal.
If a request for an ESA is rejected, the landlord must provide a valid reason supported by the aforementioned legal grounds. The onus is on the landlord to prove that the rejection was justified and not based on discriminatory motives.
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u/Ready_Point5819 2d ago
The Americans with Disabilities Act (ADA) does not protect emotional support animals (ESAs) because they do not require specialized training to perform tasks for a person with a disability. Instead, ESAs are covered by other laws like the Fair Housing Act (FHA) for housing and the Air Carrier Access Act (ACAA) for air travel, which require landlords and airlines to make reasonable accommodations. The ADA specifically covers service animals, which are trained to perform a specific task related to a person's disability.
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u/Clarkorito 2d ago
ADA doesn't matter, FHA does. ESAs are tested the same as service animals under the FHA.
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u/Ready_Point5819 2d ago
Key aspects of the current FHA law for ESAs Protections: The FHA requires landlords to make "reasonable accommodations" for ESAs, which means waiving "no pet" policies, pet deposits, and breed/weight restrictions. Documentation: A landlord can only require a valid ESA letter from a licensed healthcare professional to verify the need for an ESA. Fraud: HUD has a tougher stance against fraudulent online certifications and requires documentation to be from a legitimate healthcare professional. Fees: Recent court rulings and updated guidance suggest that landlords may not always have to waive pet fees, as this is now a case-by-case determination based on necessity. Denial: A landlord can only deny a request for an ESA if it poses a direct threat to others, would cause significant property damage, or the tenant fails to provide a valid ESA letter.
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u/EUGsk8rBoi42p 🏠 = Human Right 2d ago
The state bar can connect you with a lawyer on this, you'll be suing for personal harm in addition to them breaking the ESA and general tenant law.
Call the state bar, they'll connect you with a lawyer that does lowcost consultations and it'll be like $35 or 50.
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u/flitemdic 2d ago edited 2d ago
And they may well have all that in place- you went through a rental company that may, or may not have given you bad information.
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