QUESTION

Could he evict me or sue me for getting a dog after he already said a no-pet policy even though it is not mentioned in the lease?

Asked on Dec 13th, 2012 on Landlord and Tenant Law - Utah
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I've reviewed my lease over and over again and it does not state a no pet policy. However when I emailed my landlord he said, and I quote, "As a matter of policy, we are not allowing any pets. This is not a reflection of your ability to care for a pet, but was decided in light of our past experience and the detrimental effects to the property and tenant relations. Sorry for any inconvenience." But this policy was not mentioned before I signed the lease nor is it mentioned in the lease whatsoever. The lease is for a year.
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5 ANSWERS

You should have left well-enough alone. If your lease was silent on the pet issue, you probably could have gotten away with getting a pet. However, since you formally asked for permission (in writing) and permission was formally denied (in writing), there is now a potential dispute. A court might not be sympathetic since you now know it would be against policy. I would suggest moving elsewhere after the lease is up, if you want a dog. Good luck.
Answered on Dec 20th, 2012 at 5:30 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced landlord/tenant attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 19th, 2012 at 1:03 AM

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Family Law Attorney serving Provo, UT at Havens Law, LLC
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Your Landlord can try to sue you for breach of the lease agreement subject to your defense that within the terms of the lease there is no explicit prohibition of pets. The Landlord has the burden to overcome that defense and show that even without the express language you knew or had constructive notice of his no pet policy. Your Landlord can try to evict you subject to your defense(s). In both claims it appears that your landlord's claims will fail, albeit I do not know all of the facts, however on what is known, you can successfully defeat either claim.
Answered on Dec 17th, 2012 at 12:38 PM

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He could not evict you unless he had specific evidence that your possession of a dog violated some other lease clause. The reason that landlords put no pet clauses into their leases is that without them you have every right to have a pet, so long that it does not damage the premises or interfere with the quiet enjoyment of other tenants.
Answered on Dec 17th, 2012 at 12:38 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See and attorney, it may be that you will be able to stay out the lease, but I doubt it will be renewed if you insist on keeping the dog. The answer is in the writing.
Answered on Dec 17th, 2012 at 12:38 PM

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