QUESTION
Are the new landlords allowed to removed us from the complex and force removal of family pets or be evicted with such short notice?
Asked on May 31st, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
My apartment complex was bought out by a new company and they have just advised us that all pets must be removed within 5 days. Anyone who is in violation will be asked to leave the premises. This was not what was agreed upon when the lease was signed and they have broken the lease agreement.
5 ANSWERS
They are bound by your lease agreement. You have a defense should they decide to try and evict you. You should consult a real estate attorney or legal aid office to assist you.
Answered on Jun 06th, 2013 at 11:04 AM
The new owners are subject to the terms of your existing Lease. They cannot unilaterally change the terms of the Lease. So you need to read the Lease carefully. For example, if your current Lease permits pets, but the lease term has expired or the lease term is month to month, the new owner can evict you on 30 days notice for no reason whatsoever (just as your prior landlord could have). If the Lease states it terminates in the event of a sale, then the Lease has terminated and, again, the new owner can evict you. So, although the new owner is bound by your current Lease, that does not mean the new owner can't do what it is proposing. It depends on the terms of your Lease.
Answered on Jun 03rd, 2013 at 9:15 PM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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If you have an unexpired lease that permits pets, you are entitled to keep your pets through the expiration date of the lease. If you are on a month-to-month rental agreement, the landlord must give you 30 days notice of a change of the rules.
Answered on Jun 03rd, 2013 at 9:15 PM
Land Use Attorney serving Tacoma, WA
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Harper Law Offices, Inc., P.S.
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The proper notice in a residential tenancy typically would be a 10-day notice to comply with the rules or lease terms. A 5-day would not be sufficient. Also, any written terms would have to be honored unless changed, which would require a writing and at least 30-days before the effective date. The notice period you have specified here is not sufficient under the landlord tenancy act. You should consult with an attorney right away on this matter to make sure your rights are protected.
Answered on Jun 03rd, 2013 at 9:15 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Get an attorney and sue. Actually, get all of the pet owners together and sue. Of course, this presupposes that it says in the lease that pets are allowed, and not just an understanding with the apartment manager.
Answered on Jun 03rd, 2013 at 9:14 PM