If you have signed a lease for a year, and nowhere in the lease does it say that you are NOT allowed to have pets and you go out and get a dog then you are told that you have to get rid of the dog, can this be enforced?
We have a small jack russell and i read our lease over carefully before buying him and nowhere in the lease did it say anything about a no pets policy. Can they still make me get rid of my dog even though there is nothing that states that I can't have him?
2007-12-04 04:37:13 · 6 answers · asked by Under the Sea 4 in Business & Finance ➔ Renting & Real Estate
Because it is not in there, doesn't mean that it is not a policy. Is it on a sign anywhere in the manager's office? I would try a compromise and ask if you can leave a pet deposit. That way, you are covered for damages. Jack Russells are not the ideal apartment dog, they bark a lot and chew or dig almost everything. It may not be that they are opposed to the pet policy, but to this particular pet. And I'm sure that it states somewhere in the lease that you cannot bother the other tenants. But, if this is not the case, and the dog is quiet, and cannot damage property, then I believe the law will be on your side. Tenancy is an actual right of ownership during the duration of the tenancy except for what is clearly written in the lease. And since the tenancy is for more than 6 months, the written lease is enforcible.
2007-12-04 04:55:56 · answer #1 · answered by Cheryl P 5 · 1⤊ 0⤋
Absolutely not. If they do evict you, you can take them to court for illegal eviction. However, you should make doubly sure they don't have a note about pets in the lease... sometimes these policies don't take up much space on the page, but they're there if you look hard enough. If that's the case, you'll be out of luck.
Also, as soon as the term of your lease ends, you can bet that you'll be required to sign a modified lease and your dog days will be over unless you move.
2007-12-04 12:49:12 · answer #2 · answered by Mike G 6 · 0⤊ 1⤋
I would take your lease to the landlord and ask them to point out in the lease where it says you are not allowed to have a pet. If they cant prove to you that it is in the lease then they cant make you get rid of the dog.
If they try to evict you for this, it would be a illegal eviction and you could take them to court of the moving cost and rent at your new place (if its higher than the rent you were paying there) plus any inconvenience that you had to incur for having to move.
2007-12-04 13:02:38 · answer #3 · answered by Whit 4 · 0⤊ 0⤋
If the lease does not specifically deny your right to have a pet, I think it can be construed that the owner has no pet policy.
I would call your local rent board or tenants union and confirm before you get into a court situation, but I think you are ok with your pet.
Remember, the pet must not annoy others or be a nuisance or be unclean, that would be grounds for the landlord to require you to give up the pet.
2007-12-04 12:55:16 · answer #4 · answered by Anonymous · 0⤊ 1⤋
The lease does not state that you can have a pet, period.
Just because the lease is silent on the issue does not mean that you can have a pet.
2007-12-04 13:35:43 · answer #5 · answered by ? 6 · 0⤊ 0⤋
Is there anything in the lease which states you CAN have pets ? The smart thing to have done would involve contacting your landlord ahead of time to see if a pet would be an issue, since it was not specifically covered in the lease.
Consequently, since the issue was not addressed in either direction, you can be required to rid yourself of the dog.
I presume you would not consider committing rape in the apartment simply because it's not addressed in the lease.
2007-12-04 12:45:59 · answer #6 · answered by acermill 7 · 1⤊ 2⤋