There is nothing that makes me more upset than when I have made mistakes. They usually happen when I don’t follow my gut feeling or even use common sense. Mistakes teach us a lesson every time and we better take a note and learn from them or it will happen again and again. I rent three apartments and whenever I have had a bad feeling but I have disregarded that feeling, or not discussed it with my husband because I have rushed deciding in approving a prospective tenant, I have been burned each time.
Here is the classic example. One fellow never disclosed the fact that he had two animals and wanted to move to a tiny one bedroom furnished apartment. After he had been given the keys he sent me this email: "Veronica, Per the lease agreement, I'm sending you the required paperwork for my 2 service animals. My medical provider's contact information is included for further questions. I'll need your approval once you've reviewed it. It sounds like you'll need to submit paperwork to the HOA as well. If you could do that at your earliest convenience, that would be very helpful as they aren't allowed in until the process is complete. Thank you and have a good weekend.”
Good grief! I thought, I am going to have a heck of a stressful weekend! That type of approval must go through the HOA Board and it needs to be approved by the owner of the condo, which means that as the owner I would have to submit a request in his behalf to the HOA board. There is a letter that details everything that must be submitted for the board to approve service animals. All documentation is given to their legal counsel for review before they decide on the request. It’s not that simple!
I took a big breath and calmly answered, "Dear Gabriel, I am sorry to inform you that I am deathly allergic to pets and can't have you move in. Please return the keys and let me know where I can deposit or send you back the money you sent. I wish you had been up front with me in letting me know of your intentions regarding having pets."
Veronica, he wrote, I'm sorry for the misunderstanding. I have no pets, as I've stated prior, only 2 service animals. Under the Americans with Disabilities Act and Fair Housing Act, they must be accommodated. I would be more than happy to have the unit deep cleaned by professionals upon move-out. If you have more questions regarding my medical status, please contact my medical provider, whose information is listed in the ESA paperwork. If you have questions regarding the Fair Housing Act, I can put you in touch with my attorney.
Dear Gabriel, "In any event, it seems to me that the fact you did not advise me of your animals before you agreed to lease the unit, a matter of great importance to you and a potential violation of the HOA by-laws, raises an important question about the enforceability of the lease signed. I am so sorry to let you know that you will not be able to move into our apartment as it is stated in the contract, animals of any kind are not allowed. I checked on line and there are many pet friendly apartments you can check out. One for example is located near where you want to live. I can send you their information if you would like. Thank you.
He answered: “As a disabled person, it's not for me to argue this further nor do I have the time. I've filed a charge with the Utah Antidiscrimination & Labor Division. They will contact you to continue this conversation.” No, I thought, this is ridiculous! I felt as if I was dealing with a real criminal. One who would cheat, lie and be atrocious to my beautiful home we love so much like our baby. There is no way I will allow this character to be part of my life because that is what a tenant is to me, a friend, someone I can trust. I can’t possibly trust anyone who hides who they are and he even lied to me. Being forced to do business with a fellow that has damaged my trust is like forcing a marriage with someone I don’t want. I am the victim here and what is worse is that he has threaten me with a charge against me for discrimination when I told him the contract said, “residents may not keep, allow or maintain animals of any kind on or near the premises. The HOA rules and regulations do not allow it!”
Since the HOA does not allow animals of any kind in the building, that would change the nature of the housing services that I provide. It would not be fair for the neighbors but he is threatening me with Discrimination based on his "disability." There is nothing that bothers me the most than when people use their “I am being discriminated against'' card. Especially with someone like me. Someone known to fight for people’s rights and advocate for the underdog. I am not the type of person he is accusing me of being. I can get hundreds of signatures from people that know me, who can say Veronica would never discriminate against anyone, especially someone with special needs. What this man has done is slanderous.
The apartment comes fully furnished with heirlooms and property that would be damaged which I know will cost me a lot of time and money, and he even wants to bring big items into a tiny space and not one but two animals. I can picture my beautiful apartment being trashed. I had been in tears and had not slept or eaten at all since I was made aware of this precarious situation.
According to the Utah Legal Services landlords and the Fair Housing Act if the landlord owns fewer than 4 rental units and does not use a broker or agent, then the landlord does not have to follow the Fair Housing Act and I think I fall under that category and what matters to me is to know that I am protected by the law so I needed to get a good lawyer from a reputable firm. I went with Kirton and Mcconkie. They represented me and got the case resolved in a timely manner. It’s a good thing being 5,000 miles away since I will never have to face this character.
Here is what I learned: Follow your gut and when not sure, don’t rush making decisions. Council with someone. Two heads think better than one. Also, when someone shows you who they are, believe them!
Con amor,
Vero
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