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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Posts: n/a
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LL/Tenant: Lease w/ pet policy and evictions
I live in an apt complex (hud) that runs on a year lease. Before I moved in and even after I referred to the leasing policy several times about pets. It said in two different spots that the pet policy is to :
*No exotic pets: cats, dogs, fish, birds only *All pets must be registered with a $150 non refundable deposit in the office *Residents must remove pet droppings *Pets must be leashed if outdoors With all that in mind and there being lots of strays in the complex, I paid my $150, grabbed a 3/4 week old kitten that was running out there, and gave it a home. Monday morning, my landlord delivered a letter insisting in my lease that it's required all pets be spayed/neutered. I reviewed BOTH my old and new lease several times, and had two others review it as well but it does not state anywhere that pets have to be neutered. The letter stated that I had 24 hours to remove the pet from the property, have it fixed, or have my lease terminated. I checked in the rental office and there's also no posted policy about this supposed rule. 24 hours isn't really reasonable time to arrange for board or to be able to get the surgery done. I had informed the landlord that I already had plans to get my cat neutered in late June because of cost it'll cost me $15. To have it done now is a week's wait and $80, which i don't have. I've had the cat 11 months and it was never a problem before, and again it's not in the lease. I have adhered to all policies regarding my pet. With that said, can he evict me specifically because the pet isn't neutered or would he have to find another reason? Thanks in advance. |
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#2 |
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Top Level Member
Last Online:
Jul 23rd, 2008 10:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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The lease is not the only form that covers pet policy. Normally when you obtain a pet, you sign and recieve another "Pet Addendum" with other pet rules and policy listed on it. Did you receive this form when you paid your pet fee? This would normally show rules about spaying or neutering any pets.
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#3 |
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Nope.. I signed nothing when I got the cat, they just gave me a receipt showing that I had paid the deposit.
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#4 |
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Then ask in the office for a copy of the pet policy or rules that show the animal must be spayed or neutered. (Always a good idea though.) Let them know that you didn't receive a copy of these rules when you paid the pet fee. If they can't show you a written policy that says the animal must be fixed at the time of the pet fee, how can they evict on it? What will they show a judge? If they can't show one, let them know that there is no written policy or rule to proceed with eviction, but that you are more than willing to comply with this rule as soon as you can schedule it with the vet. Appear cooperative, but don't let them hold you to a 24 hour limit unless they can produce some paper that shows this rule in writing. But do get the pet fixed soon, cats can reproduce very young and you said yourself there are a lot of strays already running around. That's no life for a pet.
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