In legal disputes involving Emotional Support Animals (ESA), tenants must understand that ESA protections under the Fair Housing Act do not automatically exempt them from all fees or obligations; proper documentation and timely payment of undisputed amounts are essential, and courts may issue partial judgments for clear obligations while scheduling trials for disputed fees.
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Judge DESTROYS Dog Defense With One Question!Added:
Okay. What's your claim in this case?
>> Uh the claim is $47.90 and rent 269 and cost for a total of 5059.
>> 1559.
>> 5059.
>> Give me that whole figure again. I'm sorry.
>> 4790 269 509.
>> 5059. Got it.
And what do you have to say to that, sir?
>> Um, the I'm not sure. I I believe what 2700 or so is uh due to the uh illegal pet fees, I believe. Um >> illegal pet fees, >> right?
>> Um we Yeah.
>> What do you mean illegal pet fees?
>> Have a dog there. Um that is Sorry. that is um I guess protected under the ESA like licensing.
Um and so I guess they're fighting back on that.
>> They didn't disclose there was a dog when he says illegal unauthorized probably be better.
>> I'm pretty sure.
>> Okay. Anyway, >> so um essentially the uh impression that uh we were under upon getting the licensing for the dog um is that it should basically be more as a prescription than the pet. Those are not my words necessarily. Um, and there's nothing necessarily under the Fair Housing Act that uh is implying that I'm doing >> that what >> there's nothing specifically listed in the Fair Housing Act that uh is um implicating that there's anything necessarily being breached >> by what?
>> As far as like their lease, the lease agreement.
Um the >> so the fe you're what I hear you're saying and I don't know if you're trying to say that to me they can charge the fee.
>> Oh but >> is that what you're saying?
>> Barnes of Barnes can charge the fee. Is that what you're saying or >> I'm saying I'm saying that technically it's not even a pet at this point. Um and so you know there's no real Sorry, I didn't mean to.
>> No, it's that's essentially the the sentiment that was expressed when we had gotten the the >> sentiment by whom?
>> The doctor we have, you know, there was a doctor that we went to. It's it's under uh it's the dog is registered to Aaliyah. um through the emotional support animal.
>> Okay.
>> Right.
>> It's there's no such license, your honor. And >> I know, but I specifically says they won't have a pet there and they said they didn't have a pet there and they did.
>> But I think his is not a pet. It's a support. Basically the sentiment uh that was expressed was that you know >> well there's a sentiment and then there's other things >> right >> the issue here is is that I mean to the extent that it's real when did the dog receive this certification >> when it was basically a few months after it was born. Um we had gotten it when it was a puppy. Um um 2019 is the year I I can't uh it would probably be sometime in >> Okay. So sir, let's just assume >> I don't but just hypothetically let's assume that there's $2,700 >> that that needs to be paid.
>> Well, there's $2,700 in these disputed pet fees.
>> Okay. is $5,000 that's over.
>> Do you have the other amount?
>> Um, we have the We have Yeah. rent for it's what January and uh or no, February, March. That's owing now. Um and we didn't make >> Where is that money?
>> We have that money. Um just with >> How come he haven't paid that to >> with everything else with the you know because they were trying to evict us over the dog. uh you know he didn't want to it was already that I I just figured we'd settle this before any you know other payments were made. Does that make any sense? I don't know. It made sense to me to me.
>> Well, okay.
>> I decided I you know we're getting evicted anyway. No, you know, you know, not trying to >> sir. If you paid the money, you wouldn't be getting evicted. No, but they're arguing the dog and whatnot. They were saying either, you know, get rid of the dog or get rid of yourselves. So, I I you know, I just wanted to come to court.
>> Well, so what do you want to do?
>> I mean, I I came to argue that, you know, that Yeah, we have the ESA paperwork. They were they were willing to um honor that paperwork if we were willing to uh renew it cuz we only got the one license when the dog was born basically. And uh I talked to Jessica at Barnes Barnes. She had essentially agreed that uh you know they would be able >> if we could update it. But >> where's the other money?
>> The other the two months rent.
>> Yeah. I said, "We we have it." I just wasn't wanted to come to court first if they're charging all this other money.
I just wanted to come to court first to settle it to see what was actually Does that make I'm sorry, man.
Does that not make sense?
>> Okay.
If I were if we were to pay, you know, if I were >> So, you don't think of any you don't think of any of this >> 2700 this dog fees you owe?
>> No, because that's that completely nullifies everything that you know we got the licensing for.
>> When did when did you get the the latest ESA approval or We got one about a month after the dog was >> Well, how old's the dog?
>> He's turning five this year.
>> Five years ago?
>> Yeah. 2019.
It's still the same dog.
There's And I >> Well, I presume. I don't to do uh you know at least my you know utmost diligence and trying to you know research things and it's said under the Fair Housing Act that doesn't require the licensing to be updated. There's nothing where it says that.
>> Okay.
>> All right. Here's what we're going to do.
>> That's I'm just trying >> 20 What?
>> I'm just trying to go off. I'm just trying to tell you what I've been going off.
>> Okay, I understand that. Give me 5059US 2700 >> 239 >> close 2359 is what's owing >> right >> absent the 2700 in dog fees >> right >> yes >> so what I'm going to do I'm going to find no tribal issue I'm going to grant a partial judgment to a plaintiff in the amount of 2359.
That's inclusive of the costs that are in it because you'll be entitled to the cost. I will set for trial 2700 in dog fees. You're going to need to bring witnesses, certifications, everything else to say that this is a certification that might wave those fees. And I'll set that for trial on the 2700 of dog fees. When's my next trial date?
>> March 27th at 9:00 a.m.
>> Your honor, I can't do that. 27.
>> Well, no. No. I got to give me a Tuesday. Is that a Tuesday? Give me a Tuesday.
>> It's the 18th. 19th.
>> 19th. Can you do 19?
>> I'll be in the custody of Delta on the 19th.
>> Literally. Got it. Then next?
>> No, here's what I'm going to do. Set it next week. The 15th.
>> They work 15th at what time is, Mr. >> 2 p.m.
>> 2 p.m. Then I'm going to set a trial on this at 3:00 p.m. on the 15th.
Got that, sir. So, you need to bring all your paperwork, everything else. The other defendant needs to be present since the dog is part of that and then I'm going to make a ruling on the 27th. There's going to be a partial judgment for the 2359 that I'm granting already to them that needs to be paid within 10 days of today's date. You understand that?
>> That's right.
>> All right. Thank you.
>> I think it I guess we've got the judgment so I don't Never mind.
almost kind of like they have escrow to >> toard. I I kind of feel like I should get escrow if he claims he has it in order for him to have a trial.
>> Well, I would only be able to get he'd have seven days to pay it and I'm only going to get a partial amount of March. So, that's why I did it that way.
>> That's fine.
>> Got it.
>> All right.
So, first thing, let me just tell you folks, your your motion is not timely.
That's going to be the first thing.
You're looking to stay the rent, but you know, you're you're not even you don't have the full amount that's due. So, when they filed, I guess, the motion for us missing the court date in January, we paid whatever was due before the court date and was told that we didn't have to show up. So, we knew none of this was even going on until we got the notice on our door in February saying that we were getting evicted.
>> Yeah.
Your honor, >> so I think the issue is on Feb, excuse me, January 5th, they paid $822, which I believe covered the demand amount, but that didn't include >> um the January rent.
Because even after that payment, there was a balance due of $1,588.29.
>> $1,588 >> was due at that.
>> Yes.$1,588.29.
And I think that payment came in simultaneous with the court date because we were here on the 5th. So, the judgment was for the balance with without that payment um being taken into account.
>> Got it.
>> Okay, folks.
>> And your honor, my client did confirm receiving $1,600 yesterday.
>> So, they got 1,600 yesterday and then was it 16 even or 1610? Do you know?
>> 16 even.
>> 16 even. Okay. All right. Real good. Um, so you just ask this over here because this is really what the issue is. Is that you're going to be about 1,800 short.
And that's with the uh the one months from the escrow, >> right? you you owe $5,000 I think $5,36.79.
So $540 $5,40 let's say.
And you've thus far paid 16 to the landlord. You got 1610 in escrow.
It's going to be about 3,200 roughly speaking. You're about 18 then short.
>> We could pay. So that's for March, right?
>> Well, look at it this way.
It doesn't matter what that's for.
There's a rent outstanding. You filed a motion and you owe this money.
>> So my question is when we paid what was remaining January 5th, we are understanding that January was late, but at that point it was 800 and something due and we were told we didn't have to show up to court. How come it wasn't another date filed for late rent? It just went from that January motion to a notiction.
>> Okay. Because if you I can understand the confusion that occurs. Okay. Because what you paid was the demand amount.
>> Mhm.
>> Which only went through December. It didn't include your January rent.
>> Okay.
>> So when somebody tells you if you say I paid everything, do I have to show up? I don't know what the conversation was.
If you paid everything, you wouldn't have to show up, but everything wasn't paid if you >> So, I guess my confusion is cuz technically late is not rent. Rent is not late until 12 11:59. So, yeah, we didn't pay it, but we really had the whole day to pay it. So, >> the whole day of what?
>> Of January the 5th.
>> Well, it's not late January 5th, >> right?
>> The rent's due on the first.
>> Exactly. I understand that. But what I'm saying is we have up until the 5th before it's late. Correct.
>> No, it's late on the second. It's not.
There's no late fee until I think it's your rent is due on the 1st. It's considered late on the second. You get a grace period before a late fee is charged.
>> As far as the remaining balance, we can pay that this month.
Have a little more time.
>> Well, okay. because there's a rent that's out there right now. It got stayed temporarily because this amounts in. And what I'm saying is you guys need to you need to tell me exactly and plaintiff may object to this, but I'd like to see you try to maintain your housing, but I got to have a way that you're going to get this 18 in. And the only reason I'm talking to you about it is because you guys have paid about $3,210.
Well, exactly $3,210 of that five.
>> And your honor, if they can give a date on when they think they can pay it, I'm happy to talk to my client and see if they're they're willing to work with them. I just I don't have any authority without checking with them.
>> Right. Right. So, that's what I'm trying to work out. I understand, ma'am. I'm not. It's not that I'm not hearing what you're telling me. Okay. And we could sit up there and have the fight about that, but then once we're done with that fight, I still got $1,800. I got it fine. Okay. All right. So, I I just didn't want you to think I was disrespecting what you were saying to me. I got So, how how do how do you guys see getting the 18 in?
Um, what's today's date?
>> Today is the 8th.
>> Um, what was he looking down at? You had to tell him where the calendar was. He wasn't He was You don't know, right?
Okay, never mind.
>> How you make it from day to day without her? Go ahead. What?
>> I believe that we can get that paid before the 22nd.
>> You think you can get the 22nd? You think you can get it paid?
>> I felt >> before the 22nd. So I would say like around >> just say the 22.
>> I'll say the 22nd >> just to have a solid date.
>> If they can pass on the matter, I'm happy to check with my client, see if they're willing to give them till that date to come up with the remaining balance.
>> Yeah. And my position on it would be since they so that your client knows I they have paid so much they've gotten a good majority of this in and they really would be looking for an adjournment till the 22nd just to get that last pavement in. Right.
>> Understood, judge. Yep. Let me check with them.
>> All right. So, I'm going to pass it. You guys have a seat. Okay.
Okay.
Mr. Bush here.
>> Yes, your honor. I spoke with my client and they are willing to um give defendants until the 22nd to get the remaining balance paid. Uh so I think maybe it makes sense to adjourn the hearing to the 22nd, seeing where things stand at that point. Uh but I would request that the court release the 1610 currently be held currently being held in escrow since it there is it does take a little time for that process to go through and for funds to make it to the land. So that was Dorne Bush's way of saying we're slow.
>> No, no, I'm going to I'm going to let my clerks know what you said.
>> I I would never bismerch the reput reputation of your clerks, your honor. I would I would not dare do such a thing.
>> I've already written that down before you said anything to release the escrow.
You don't have any problem releasing the escrow, do you? Okay, so the escrow, I'm going to release that to the plaintiff and then I'm going to journ this to the 22nd.
March 22nd, 2024 at >> 9 a.m.
>> at 9:00 a.m. Now, are you guys are you going to be able to get that other amount to the landlord?
>> Yes.
>> Before that 9:00 a.m.
>> So, when I call the case, I just want to make sure we can verify that it's been paid.
>> Yes.
>> Okay. I don't believe you. You are you going to be able to get it there?
>> Yes.
>> Okay. All right. I believe her. I don't know. I don't know why he looks a little That's what she was thinking. She was looking at in crosshite, too. Anyway, >> all right, folks.
We'll see you on the 22nd.
>> Okay.
>> Okay. Thank you.
>> This case perfectly highlights how small misunderstandings can turn into major legal battles. What started as a dispute over pet fees quickly escalated into unpaid rent, legal confusion around ESA protections, and a looming eviction. The judge ultimately took a balanced approach. Ordering immediate payment of undisputed rent while allowing the ESA related fees to go to trial. But the biggest takeaway, knowing your rights isn't enough. You have to apply them correctly. Now, we want to hear from you. Do you think the tenant had a valid argument about the ESA or did they mishandle the situation by not paying rent? If you found this case as eyeopening as we did, make sure to hit that like button, share your thoughts in the comments, and don't forget to subscribe for more intense courtroom breakdowns.
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