» Asselta Law PA

Are Florida animal cases done on contingency?

Florida animal law cases are normally not handled on contingency. The reason being is because damages in these cases are usually limited. They’re limited to things like veterinary care, possibly ongoing care of the animal. So because your damages are rather finite and limited, normally these cases are handled on either a flat fee basis or hourly. Read More

Can a Florida landlord or housing provider ask details about my disability?

A Florida landlord or a housing provider cannot ask you details about your disability. They may, however, ask you questions about the nature of your disability and why you need the animal. But they cannot ask you specific questions related to the disability. Read More

Can a Florida landlord or housing provider ban my emotional animal/assistance animal based on breed?

According to the Office of Housing and Urban Development, a Florida landlord cannot ban your specific animal based on breed, size, weight, or other factors. The only thing they can do is limit your specific animal if your animal has specific tendencies to be dangerous or has been dangerous in the past. Read More

Can a Florida landlord or housing provider delay granting my request for an emotional support animal/assistance animal?

HUD says that a Florida landlord or a housing provider cannot unreasonably delay your request for an emotional support animal. Unfortunately, reasonable delay has not been defined. But the answer is no, that they cannot delay it. You can learn more in our Animal and Pet Law practice area. Read More

Can a person have more than one service or emotional support animal in Florida?

There’s no rule or case law that says a person cannot have more than one emotional support animal in Florida. The criteria would be the same. You would have to show that you have a disability in which the emotional support animal mitigates or helps you deal with that disability. Read More

Can animals besides cats and dogs act as emotional support animals/assistance animals in Florida?

Yes, animals, besides cats and dogs, can act as emotional support animals in the State of Florida. There actually have been cases that have dealt with the question of whether an miniature horse can be an emotional support animal, and even a guinea pig. Learn more about Animal and Pet Law in our practice areas. Read More

Can the landlord charge me a pet/security deposit for my emotional support animal/assistance animal?

Based on statements from HUD, it appears that a Florida landlord cannot charge a pet fee or a pet deposit for an emotional support animal, the reason being is because an emotional support animal is not considered a pet. Read More

Does a Florida tenant have to pay for damage done by his or her emotional support animal/assistance animal?

If it’s the policy of the landlord or housing provider to charge the tenants for more than reasonable wear and tear, then, yes. The person would be responsible to pay for damages for the emotional support animal. The key is that that individual is treated just as every other tenant. Read More

Does an emotional support animal need specialized training in Florida?

Emotional support animals do not need specialized training. Neither the Fair Housing Act, nor Section 504 of the Rehabilitation Act requires any specialized training for an emotional support animal. Read More

Does the Fair Housing Act FHA apply to all housing?

The Fair Housing Act does apply to most housing including condominiums, apartments, and homes for rent. There are some major exceptions, so you should consult with an attorney who can advise you specifically of what those exceptions are. Read More

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