landlord threaten to evict me for having a pet when there’s nothing on the original agreement regarding about a pet policy and I have an emotional support animal letter. I can’t afford to move. I’m on a month to month lease. Help me please!
Clarification needed:
Is there a pet policy or is there a “No pet policy”.
I am a little kerfuffled with the wording used in your original post. That might help with the advice of the forum.
Im not a lawyer but have a fairly decent knowledge of landlord tenant laws. It can also be dependent on your state laws but If there is no clause in your lease to say you can have pets or no written clause at all, they cant evict you. There are severe penalties for wrongfull eviction and in my experience it is only that, a threat. If your serious, start documenting everything, that is the only thing that will help in court if it comes to that. Firstly they should send you a letter advising of the broken rule. If it is insufficient ask what rule you are breaking. You could always find a lawyer that will consult with you for free.
The only issue is that your on a month to month. They have the ability to amend the terms provided you agree, if you dont, you simply must move. This shit sucks and Im sorry you are dealing with it.
And I dont think your “emotional support animal letter” means anything unless your state has a law but you could always use it to support your cause if its from a reputable source.
Sorry your having problems like this my friend.
This could fall under the Americans With Disabilities Act. California is pretty strict with such matters.
Let us know how it goes Eric.
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Hugely dependent on your local laws. You need to consult with someone in your state and even more likely your exact county/town.
My dad is a landlord of a few properties and has had several tenants much more well versed in the local laws than he was. We live near a county line and he owned properties in both and even across multiple townships/villages. Some of these locations tenants are extremely well protected even when not paying their damn rent and my dad found that out the hard way. I feel that since it took him multiple months to properly evict a dirtbag who didn’t even pay rent and destroyed the apartment I think as long as you are paying rent and your dog isn’t biting anyone/destroying property you should be well protected. Again a consultation with someone well versed in your local laws will be required.
General advice to be kind and courteous in discussion and save all communication. Don’t be intimidated or bullied and try to get everything he says/demands in writing.
Sorry about that! There is no mention of a no pet policy on the initial rental agreement. It reads: Do you have a pet? Yes/NO if yes, how many?
Thanks everyone for your well wishes. It’s been super stressful researching everything. There is no free consultation, I checked. The lowest lawyer consultation is $160/hour. California does support emotional support animal. Also, I’m the ideal tenant. I pay my rent on time, no damages to the property. BEEN ASKING THE LANDLORD TO FIX MY FIRE HAZARDOUS STOVE, WINDOWS, ETC FOR YEARS NOW… but I didn’t push much after a few times asking.
yes! the HUD. The landlord won’t back off. he’ll just retaliate (it’s his personality)
hmm i’m not a lawyer.
But i feel if i was an owner of a house, i wouldn’t want pets causing damage to property or creating bad smells etc.
Although it is his responsibility to make sure this is clearly distinguished in the original agreement. He is in the wrong for not stipulating this beforehand clearly.
End of the day, if worst comes to worst, just move, and change it up. It’s a really good feeling to move into somewhere new and exciting, have a fresh start and enjoy. But difficult to take the first step, and relocate… etc, all the paperwork, and boxing / moving / electricity / internet etc setting up is a pain. But after it is done it’s okay.
Moving… and change… isn’t a bad thing. Life is just little adjustments.
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Did you truthfully answer the question of having a pet? If you said “yes” and answered “1” then you have legally disclosed the information. If you said “no” and obtained a pet after the fact then you should have asked and had the agreement mutually amended. Even if now on a month to month basis the lease should state that all clauses are effective for the month of rent paid.
Also, if you wanted things fixed you should have just plainly asked in writing. There are also laws that a landlord must follow but anything verbal holds no ground.
The landlord can have you leave as you are not under a long term binding lease when ever they want provided they give you the required amount of time 30/45/60 days that the law allows and you can not do anything about it.
I know its a shit situation and the landlord may be an asshole but the laws are their to protect both parties.
my puppy is under supervision when i’m at home or locked on his play pen… he knows to pee/poop on the pad, so damage isn’t a problem. moving causes puppy anxiety because it’s a new place.
He doesn’t smell because I clean up after him and he goes to the groomer every few weeks.
I just got my puppy a month ago. I disclosed I didn’t have any 5 years ago. Also, I tried to give him the Emotional support letter and a letter requesting reasonable accommodation and he refuse to accept the letter/dr’s note. I’m staying here because the rent is cheap. If I go somewhere else, my rent will double and I can’t afford that.
I’m sorry to say but I don’t think you are in the right here and these are my reasons why.
You originally say that there is not a pet policy on the original agreement but then you say there was a section to disclose if you had a pet and how many. Without knowledge of other terms of the lease this could mean they either do or don’t allow pets. If they did it would be within their interest to include a specific clause with mention of specifics like a professional cleaning by yourself upon vacating the premises, but this is here say at this point.
My advise before the fact of you obtaining a pet would have been to request an amendment to the lease that both of you would have signed. This is the only sure legal way to cover yourself and it doesnt mean the landlord has to agree despite their being a line in the agreement to disclose any pets. This advice would also go for your issues with anything else in the apartment but while completely relevant I think your throwing that in for good measure because of your frustration.
Unfortunately you have broken the terms of the lease and the landlord would have grounds to evict you even if you were in a long term lease.
Please remember I am just giving my personal, non sided opinion and I know nothing more than you have disclosed. While there is potential here for the landlord to be a scumbag, if I owned a property and didnt want pets to reside there I’m well within my rights to have that. But I would also perform repairs as necessary.
According to my legal consultant… it doesn’t make a difference.