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hollyah
Jun 30, 2014, 03:54 PM
Hello everyone, my name is holly, I am a young mother of 2 and I suffer from chronic lyme disease. We live in Oregon. For mothers day this year my family adopted a dog for me. He is a young jack russell. When we first got him he was timid and shy because he spent everyday isolated in a bathroo by his previouse owners. He especially. Was intimidated by men and every time I picked up a gardening tool he would cower. After two weeks he began to feel comfortable and happy. My son calls him his brother. On the 4th day of him being here my landlord stuck his hand through the porch rail to pet the dog(Liney) and startled Liney so he nipped his hand. The landlord started laughing and said it was his own fault for startling him and said it was OK but if something happened again he would have to go. Over 30 days pass and Liney has has no other situation. Twi days ago however I get a knick at the door. It was the landlirds wife who does not live at the park. I open the door and the first thing she says ,"is that the dog?" rudley. You say yes and she starts yelling ay me saying the dog has to go by Sunday because he nipped her husband and because of insurance reasons. I tried to get a word in, she kept cutting me offU tried to explain that the situation was over a month ago and that her husband said he could stay. Plus she did not ask to speak with me in private or otherwise and made the kids start crying and screaming. You tried to talk to her husband and he saud that they are havung marital issues and when he says the dogs stays she says he goes. He did. Nt report it to anyone including her. She found out because a neighbor who we recently reported for weird behavior told her. Their were no reports, doctors or animal service involved. She also did not bring me any paperwork or forms regarding. The priblem or saying he had to leave. What are my rights? Also a month before we started looking for a dog I called the landlords wife to inquire about getting a dog and to let her know my doctor said I could get one for a companion aid animal. She said that I do not qualify for a companion aid and that my doctor was wrongand I can not list a pet as one here. She also charged me 50 extra for pet deposit and I later found out the normal charge is 200, I paid 250. Help

tickle
Jun 30, 2014, 04:19 PM
Companion aid dogs are specially trained and come with certificates, holly. So she is probably correct there. They are also very expensive.

odinn7
Jun 30, 2014, 04:22 PM
Who actually runs the park, and do they allow pets? If you paid a pet deposit, I am thinking that they allow pets. I don't think she can over-ride that and at least if the husband doesn't have a problem with it.

Of course, there are legalities here and we have some good people that should be along shortly to give you the full olegal answers.

Good luck.

joypulv
Jun 30, 2014, 04:34 PM
tickle, in the US, there are two types of 'aide' dogs. One is a real service dog who is trained as you say, to do specific tasks that help a person who cannot do them. The other is a companion dog, usually for people who have emotional problems rather than physical ones, and who are lonely and isolated.
I just don't see a mother with Lyme disease and kids as 'needing' a dog, much as I love dogs and know how much comfort and joy they bring.
If your LEASE has rules about pets, that's the end of it, regardless of what the landlord said when he was bit. I assume that you have a lease because you paid a pet deposit. Regardless, he (or his wife) can easily send you notice of termination if you don't get rid of the dog - he was bitten! He can sue you, even if he knows he startled the dog. Jack Russells are nippers (I have one).
Your whole story about the poor dog's previous life and your situation is touching but irrelevant in court. Sorry.
It sounds like you all love the dog very much. I would tell the landlord that you will all move as soon as you can.
Either that or negotiate. DO NOT use any sob stories. Be calm and matter of fact about what you promise. A leash, a muzzle, whatever it takes. It may work, it may not. If not, start looking.

ma0641
Jun 30, 2014, 05:51 PM
Some states have a 1 bite rule. You cannot claim liability for the first bite. After that it becomes a big issue. You have a first "nip", which is a bite.

AK lawyer
Jul 1, 2014, 06:40 AM
Some states have a 1 bite rule. You cannot claim liability for the first bite. After that it becomes a big issue. You have a first "nip", which is a bite.

As I read this, it's not about liability to the landlord, but a potential eviction. If the landlords (husband and wife, apparently) are in agreement about this they can evict OP if she refuses to get rid of the dog.

I don't know what she needs an "aid dog" for. Chronic Lyme Disease (https://en.wikipedia.org/wiki/Lyme_disease_controversy) isn't a valid reason as far as I can imagine.

Fr_Chuck
Jul 1, 2014, 07:41 AM
After wife, have you called the husband and talked to them. Who is the actual owner?

hollyah
Jul 1, 2014, 09:17 AM
The companion animal is not for the Lyme thank you it is for people with depression and anxiety. And other problems. Which if anyone wants to dispute, I am pretty sure my doctor would not have been recommending me for if I didn't qualify.He's the one who suggested it. Anyway its not about that, its about the landlords and the dog staying. They both own. He lives here she lives in another town. He says and told me he doesn't think the dog should go and she is retaliating because as he said its not about the dog its about their marital issues. "When he says yes she says no" . If its an insurance thing how can she bring her dog here with her who bites? She's said it herself that he does. She cones him. I would mussle mine if she wanted

AK lawyer
Jul 1, 2014, 09:26 AM
The companion animal is not for the Lyme thank you it is for people with depression and anxiety ...

So why did you mention the Lyme Disease? That's what is called a "red herring". :)


... They both own. He lives here she lives in another town. He says and told me he doesn't think the dog should go and she is retaliating because as he said its not about the dog its about their marital issues. "When he says yes she says no" . ...

If they own the premises in common they are going to have to agree before they can evict you.


... I would mussle mine if she wanted

It's "muzzle".

Doesn't matter. As I indicated before, they don't need a reason if and when they decide to evict you.

Write them a certified letter reminding them that he said you could have the dog and that she took a deposit for it.