Ask Experts Questions for FREE Help !
Ask
    thesoundguru's Avatar
    thesoundguru Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 9, 2011, 09:43 PM
    My Landlord says I must remove my dogs?
    I have lived in the apartment I am now in for 4 years, I have had my dogs for 2. I received a notice on my door Thursday that I have 24 hours to remove my dogs from the property. I paid a pet deposit when I moved in and the landlord knows I have a german shepard and an american staffordshire terrier. She is stating that the dogs have caused multiple neighbors to complain about noise. I have spoken with the current tenants and everyone has said they have not complained and that they would testify in court regarding the matter. The landlord does have a notice in the lease that the landlord can have any animal removed within 24hrs if she sees them as a nuisance, a disturbance, or undesirable. My question is do I have any grounds legally with this statement in my lease if I can prove she is fabricating lies against me. I live in North Carolina and any help would be greatly appreciated.
    FadedMaster's Avatar
    FadedMaster Posts: 1,510, Reputation: 148
    Ultra Member
     
    #2

    Oct 9, 2011, 10:06 PM
    Depending on how reasonable your landlord is, I would gather signatures from all of the neighbors in the building to take to the landlord. I can't imagine any reasonable landlord would put up a fuss if you had signatures from your neighbors.

    It's possible the notice was left on the wrong door. It's also possible that your neighbors are telling you what you want to hear and that they don't want any direct confrontation. I know my neighbors have called the cops on me for noise instead of just knocking on my door (although they've also called the cops on me when I wasn't even home, but that's a different story :-P).

    Someone with legal knowledge will be better suited to give you legal advice.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Oct 10, 2011, 03:47 AM
    Here's the thing. The landlord cannot physically remove the dogs legally. So, if you refuse to comply, then she can file for an eviction order. This means a hearing. You get your neighbors to show up or sign depositions stating they have no complaints about your dogs. Unless the landlord can prove they are nuisances, she probably will not get an eviction.

    However, do you want to continue living in a place where the landlord will be unhappy with you? I would tell the landlord that, you can show the neighbors do not find your dogs a nuisance. But since she wants you out that you will be glad to move, you just need time to find new lodgings.

    P.S. this is a legal question so has been moved to the proper forum.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Oct 10, 2011, 07:27 AM
    This is the issue, If I had called the landlord about your dogs, and you come and ask me, I am going to lie and say it was not me.

    So yes most likely your neighbors called and don't want to confont you directly about it, This is my opinion. I have called police on several neighbors "barking dogs" late at night but I would not want them to know it was me doing it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #5

    Oct 10, 2011, 09:39 AM
    Quote Originally Posted by thesoundguru View Post
    ... The landlord does have a notice in the lease that the landlord can have any animal removed within 24hrs if she sees them as a nuisance, a disturbance, or undesirable. ...
    Seems iron-clad from the LL's point of view. Suggests it doesn't need to be the neighbors complaining; if the LL doesn't like the animals, they have to go.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Oct 10, 2011, 10:16 AM
    Quote Originally Posted by thesoundguru View Post
    The landlord does have a notice in the lease that the landlord can have any animal removed within 24hrs if she sees them as a nuisance, a disturbance, or undesirable.
    Just noticed the wording here. If the clause states "the landlord can remove.." that would give the landlord the right to call Animal Control to have the pets removed. So you may have to house the pets elsewhere temporarily. But AK is right, even if the neighbors haven't complained, the landlord is finding them undesirable which is sufficient to have them removed or force you to remove them.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can a landlord remove a refrigerator from a rental home? [ 4 Answers ]

I am currently renting a home to a couple in Tennessee. We were on a lease with option to purchase agreement. We allowed them to keep the refrigerator along with a few other items helping to sweeten the deal so they may move forward to purchase faster. In the agreement we stated that if they...

Can a Landlord remove appliances from occupied unit without an eviction notice? [ 7 Answers ]

Tenant is 9 days late on rent, no eviction notice received from landlord, can landlord remove appliances in unit without an eviction notice?

Can my landlord make me take my dogs across the street to use the bathroom? [ 8 Answers ]

When we looked at this place we informed our soon to be landlord we had two small dogs. He said that was fine and would charge us an extra $25 for them. We have been living here for 3 months now and have been able to take our dogs right outside to use the bathroom. Well today he told me I had to...

Can landlord remove our effects? [ 1 Answers ]

While in the middle of a move, managers told us that the landlord had said "take your time and don't rush." I specified that we would return in about a week and verbally, managers said it was okay. Upon returning to the premises, a week and a day later, all of our effects were gone. Other residents...

Landlord threatening to enter my apt. And take one of my two dogs [ 3 Answers ]

Hi, I've been a landlord and am very familiar with landlord/tenant issues and Texas statutes. I've also been reading up on case law and the numerous terms and conditions in the TAA lease which are likely unenforceable in court. Here is my situation. I completed application, was approved,...


View more questions Search