Recent Feedback
Although my lease technically bars pets from my Brooklyn apartment building, myself and MULTIPLE other tenants in the building have dogs, some of which were there LONG before me. In fact, when I moved in 3 years ago without any pets, I noticed a strong stench of urine ALREADY in the elevator, soaked permanently into the floor! I've now had a dog for 2 years & the Mgmt. Co. has renewed my lease twice. No problems until recently. One month ago, I acquired a second dog (an unplanned "rescue" type situation.) Both dogs are older/calm/friendly; received warmly by neighbors. I was shocked yesterday to receive an official letter from the Mgmt. company which threatened eviction. The letter stated that management received a complaint about my dogs urinating in the halls, which has NEVER happened! I fear the super of the building may find another puddle, blame me, and urge Mgmt. to go ahead with eviction. Need advice about my tenant rights and contesting this wrongful claim.
Optional Information: State/Country of Question: New York Already Tried: I received an official complaint letter in the mail yesterday reading as follows: Please be advised that it has been brought to our attention that you are walking your dog in the hallways of the building and allowing your dog to urinate in the hallways. This is a violation to your lease as well as an unsanitary condition. In the future if you do not comply legal action will be taken against you to evict you. As a courtesy to others please refrain from this behavior. I believe my Super may have complained to Management. However, as I mentioned prior, I have NEVER left a mess as described. But there are multiple other dogs in the building with other households, as well as visitors dogs. The language of the letter indicates that if there is another such complaint, eviction measures will be taken against me. Yet, I was not the culprit and am fearful that another such incident, out of my control, will occur in the future and i will be blamed. I'm eager to contact Management and contest the wrongful claim. However, I'm wondering if I'll dig my hole deeper by admitting to having dogs officially on paper. I want to be prepared with dated evidence as well, in case should result. So please advise as to how to best keep record of dated documents throughout my corespondance with Management. I have not made any contact thus far, as I've only just received the notice.
New York City has a Pet law, which essentially provides that a no-pet lease can be considered null and void if landlord fails to exercise the no pet provisions of the lease within 3 months after discoverying that you have dogs living there. You would bear the burden of proving management was aware that you were violating the lease when you got the first dog and they failed to do anything about it. At the present time you can use the pet-law as a defense to hopefully avoid the eviction to request a dismissal if they file the eviction at court. So become familiarize with the law to use it against them. You can read more about this law:http://www.nycbar.org/Publications/pdf/CompanionAnimals_NYC%20Apartments09.pdfIf the basis is the mess in the hall ways, you can ask that they prove whose dog made the mess. Without proof, they cannot assume your dogs did it and that would be your defense if they use that as a basis to evict, failure to meet their burden of proof.
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