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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 21225
Experience:  Attorney for over 13 years, landlord 24+ years
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After renting a basement apartment for over a year without

Customer Question

After renting a basement apartment for over a year without any complaints from my landlords,(husband and wife) I was recently told that I have 3 months to leave or get rid of my cats.( I have 8) I moved in with 11 which was welcomed by my landlords at that time.
I am now being told by the husband that "At this time in my life I don't like the fact that there are cats running around down there and sometimes I get an odor of cats when I am down there.(Which he shouldn't be in my apartment when I'm not home to begin with)
The lease states that pet owners get two warnings if there should be a pet problem and then if it is not rectified the tenant will be asked to move.
Do I have any legal recourse?
Thank you XXXXX XXX@XXXXXX.XXX
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 9 months ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Are you currently under a written lease for a set term or are you a month to month tenant?
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If you are under a lease now, does it have any limit on the number of cats allowed?
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Are you current on your rent and have no other lease violations?
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Thanks
Barrister
Customer: replied 9 months ago.

My one year lease was up in March of this year and I was not presented with a new one.


The lease states that the maximum number of pets allowed is two.I repeatedly told the landlord (wife) for 4 months prior to moving in how many cats I had. All she kept telling me was "Don't worry about it, we love animals."


 


I am current on my rent. I am an excellent tenant and they have told me how "wonderful it is to have me here" I take care of their dog who lives with me, their cat, their ducks and I feed their fish.I also maintain the water softner in the basement and keep my apartment immaculate.

Expert:  barristerinky replied 9 months ago.
Thank you for the additional information. I am afraid that I don't have good news for you so please don't shoot the messenger....If your lease for a fixed term has expired, and the tenancy has continued, then it becomes a month to month tenancy by default. It continues under the same terms and conditions as the original lease with the exception that either landlord or tenant can terminate the lease at any time with a 30 day written notice. If the landlord wanted to change the terms of the lease, he would have to do so with a written 30 day notice as well.
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Since you are now under a month to month tenancy, the landlord can change the terms of the lease regarding the number of cats allowed or termintate the lease by giving you a 30 day notice prior to the change becoming effective.
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I am sorry to have to provide you with bad news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

 

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