QUESTION
What are the tenant rights if the landlord is accusing the tenant of lease violation?
Asked on Jan 30th, 2014 on Litigation - Washington
More details to this question:
I keep getting notices on my door from my apartment landlord telling me I am in violation of my lease because I have a restricted breed dog in my apartment. Now mind you the apartment manager was told this by my son who had to be forcefully removed by the police. My son is being vindictive and trying to get me put out of my apartment. I have no violated my lease, I have no restricted dog in my apartment and I want to know if my apartment manager can evict off of this hearsay or do they have to prove that I have this animal in my apartment?
6 ANSWERS
Michael J. Breczinski
They have to prove you have the dog.
Answered on Feb 05th, 2014 at 8:09 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Well, you have to talk with the apartment manager and let him or her see what is going on in your apartment. That should make the problem go away.
Answered on Feb 04th, 2014 at 5:22 AM
To evict you, you have to be given a three day notice to quit or cure the breach of the lease, followed up by an unlawful detainer action in which the landlord must prove that you had a restricted dog in the apartment. The burden of proof is on the landlord. The landlord is probably posting numerous notices because they know they can not prove the allegation so do not want to file an unlawful detainer. Invite the landlord in to show him that there is no dog there and let him come at unannounced times so that you would not be able to hide the dog [let him check all closets, etc.]
Answered on Feb 04th, 2014 at 5:22 AM
They must prove it is more likely than not that you have violated the lease. They can put your son on the stand, but the judge should not allow the landlord to recount what your son said.
Answered on Feb 04th, 2014 at 5:21 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Go to the apartment manager, state your case and allow them to inspect and see there is no such animal on your premises, that should end your problem.
Answered on Feb 04th, 2014 at 5:21 AM
Thomas Edward Gates
They have to prove there is a dog. Retain an attorney who does landlord-tenant matters.
Answered on Feb 04th, 2014 at 5:20 AM