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Landlord Entered My Apartment And Removed My Emotional Support Dog While I Was At Work - What Are My Rights?

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Location: Oregon

This happened yesterday and I'm completely panicking. I don't know what to do.

I rent a one bedroom apartment in Portland. I have an emotional support dog, a 3 year old golden retriever named Bailey. I have proper ESA documentation from my therapist. My landlord approved the ESA when I moved in 8 months ago.

Yesterday I worked a 10 hour shift. I came home around 8pm and Bailey wasn't there. I searched the entire apartment thinking maybe she got stuck somewhere. Nothing.

Then I noticed a note on my kitchen counter.

"Tenant - Your dog has been barking excessively for the past week disturbing other tenants. Per lease violation I have removed the animal and taken it to county animal control. You can retrieve it after paying the $500 lease violation fee. You have 72 hours before they process the animal."

I immediately called my landlord. He said neighbors have been complaining about barking and he has the right to remove animals that are disturbing the peace. He said I violated the lease by having a "nuisance animal."

I tried to explain she's an ESA and he can't just take her. He said ESA doesn't mean the dog can bark all day and disturb people. He said if I don't pay the $500 by Friday he's filing for eviction and Bailey will be "dealt with by the county."

I called animal control. They have her. They said she was dropped off by "the property owner" and they're holding her. They said I need to provide proof of ownership and pay any fees to get her back.

I'm supposed to pay $500 to my landlord AND whatever animal control fees there are?

Here's what I know:

- I was not given any written warnings about noise

- I was not home when he entered

- He did not give me 24 hour notice of entry

- Bailey does bark sometimes when I'm gone but I didn't know it was excessive

- I have ESA documentation

- My lease says pets allowed with approval, which I have

Can he legally do this? Just take my dog while I'm at work? Hold her hostage for $500?

I can't afford $500 right now. I definitely can't afford $500 plus animal control fees plus potential eviction.

Bailey is the only thing keeping me stable right now. I adopted her after a suicide attempt. She's literally the reason I'm still here.

What are my legal options? Do I have to pay him? Can I call the police? Do I have any rights here?

I'm completely lost and I need her back.

submitted by /u/FirstInside7435
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