Help!!! My landlady wants to evict me because of my puppies!!!

mas2388

mas2388

O.G.
May 17, 2006
6,074
12
#1
Hi everyone! Some of you may know that I have 2 puppies - a chihuahua and a puggle. Today I received a call from my landlady (she's in Colorado and I'm in New York) that she has found out that I have puppies and wants them to be "returned" or removed from the premises or I will have to move out. I used to have a lease from 2004 to 2005 but after that one year, we did not renew it and I have been staying on a month to month basis. I can't remember if there was a no-pets clause in the initial lease but I did have a mouse that she knew about and didn't mind.

Does anyone know what my rights are? I just looked up New York State tenant rights and it states that in New York city, the no-pets clause can be waived after three months if you've kept your pets "openly and notoriously." However, I'm not in New York city at all and I don't know if it applies to me.

Also, since I don't have a lease, does it mean that there are no terms so I should be able to stay with my pupppies? Or does it mean that my landlord and I go by the last lease that was signed? (so if there was a no pets clause there I am evicted for sure.) :crybaby:

Thanks for all your help!!!
 
#2
^ugh I am not sure but what a horrible situation!! Your poor sweet babies!!

I would consult with an attorney...I know that you might be able to get a one hour or half hour meeting with a lawyer for a very reasonable rate. Good luck!!!
 
#4
Usually your year lease changes to month-to-month but all aspects in the lease still holds, like "no subleases", "number of people", "no pets"

Usually rentals has extra security deposit for pets like cats and dogs.

Check your lease.
 
#6
fr2nc1z said:
You need to look at the law in your own state..
Click to expand...

I did. I looked at NY state tenant laws but they say nothing about month to month rentals and pets after you've had a signed one year lease that has expired. I have no lease now. It's just an oral agreement that I would send money month to month.
 
#7
If all you have is an oral agreement, she can probably say/do whatever she wants, ie tell you to leave because of pets, etc.

However!! I hear it is very difficult to actually evict paying tenants.

Thus, enforcing her oral agreement may prove tricky!

BTW, how did she find out? Did someone complain?

Good luck!!!
 
#8
The house is 2 level split (not legally though) and the other side got rented out to someone who owned a cat and she didn't like the fact that we had dogs. But she hasn't even moved in yet!!!!!!!! She doesn't move in until the 15th so what can she complain about?
 
#9
hmm, if your original lease says "no pets," I think she can evict you if you keep the dogs. Do you still have a copy of your lease? I've had friends in this situation, and usually they've just negotiated with the landlord to pay an extra pet deposit, ie refundable bribe ;) Admittedly, dogs can do some damage to property and seriously annoy some tenants (not your dogs specifically, dogs in general though), if she's far away she probably wants some assurance that if these dogs cause trouble that she'll have a way of paying for it.
 
#11
Check you lease, the lease is king. If there is a no pets clause, see if you can negotiate with your landlord. Remind her that (no offense moms) she is better off with dogs than kids, and see if you can work something out. However, ask yourself this, have I been a great renter? In other words, is there another reason she is looking to get you out, such as late rent or too many service calls?
 
#13
If the lease expires and you continue to inhabit the property, a month to month lease is assumed. Therefore, the original terms of the lease stand.
 
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