Real Estate Law
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Yes we are under a term lease that ends May 31st 2014
Thank you, XXXXX XXXXX claim the lease has a separate pet agreement, which I do not have and have not seen, which states that the permission to have dogs is only for the specific dogs listed in the pet agreement and that no other pets are allowed, not even for temporary care. Also, it has been my understanding that the FED action is a very serious action and minor issues that do not involve payment or major violations associated with improper, illegal or dangerous use of the house or repeated substantial violations cannot be cause for eviction. I cannot see how you can be evicted just for dog, which is causing no harm? What are some of the reasons that would rise to the level of eviction through this FED process?
Thank you, XXXXX XXXXX keep them assuming the facts about the dog, what if we send the landlord a letter stating the actual facts and request permission to keep this dog at our house when we want to? They will certainly refuse because they are very hostile towards us since we filed the suit. Then, what if we ignore their refusal and keep the dog whenever needed? What are their potential remedies, you state this is not a material default so no FED eviction right? So is their only remedy to claim we are in default and file a counterclaim in our suit against them to ask the court to force us to remove the dog? And if so, then they have no monetary damages and the best they can get is an order by the Court making us remove the dog from the property?
Also, if they did file the FED action over this dog issue, even though the issue is not material, no risk of damage to property, etc., is the FED ruling by the Court a black & white, either/or ruling to where the Court states you have to leave or you do not have to leave? Meaning, could he rule that we can stay but the dog cannot be there or is it that if we lose at all, we are evicted?
I must not have explained the issue well, the suit we have against them is in Arapahoe County Court and they have an extremely busy docket so if our suit does go to trial, it will be many months down the road. Mediation is still 2 months away and they won't even allow you to set a trail date until mediation is complete. It could be next year before the trial starts. This judge will not be hearing the case until well after any FED action takes place. However, the FED action is an expedited hearing, these are two different events - if they file the FED action, a hearing will be right away, like 1 week as opposed to the trial which would be many months from now. So I am confused by your response, I understand that asking permission would show clean hands but they will merely state that the pet agreement prohibits the dog without their permission. Our legal position is that they are unreasonably withholding the permission because there is now an implied contractual right to have dogs based upon 5 years of having 3 dogs. This implied contract is then in conflict with the express contract (if a pet agreement does in fact exist).
We are not concerned about this issue if it must be decided at our trial, our concern is only the FED action if they file it. If they file the FED action, that will be now so the only judge to make the decision on the dog would be the judge in the FED hearing. We are hoping that they can see that there is low probability of success in the FED process to remove us and so it would not be worth the risk - isn't the FED action like a mini-trial and is going to cost several thousand dollars to pursue? How much in legal fees would an average FED action cost? They are very, very cheap and don't want to pay for anything.
So in summary, your opinion is that the eviction through the FED process is limited to material and substantial violations where there is either no payment or risk of harm to property. An unauthorized dog does not qualify – is this correct?
Also, I did not get an answer to these questions:
1). If they did pursue the FED action, is the ruling evict or not evict, or can they rule the tenant can stay provided the dog is removed?
2). Is the FED process like a mini-trial with witnesses and evidence? And approximately how many billable hours does the average FED case consume – I know it could vary a lot but what is the ballpark range?
3). If they want to pursue having the dog removed and considering they cannot do it through the FED, what are their remedies? It seems as though the only practical remedy would be to add it to their counterclaim in my suit against them – is that correct?
Thanks, XXXXX XXXXX you stated:
"IT'S WITHIN THE DISCRETION OF THE JUDGE....THE JUDGE CAN DENY THE PETITION AND PROVIDE THE DOG BE REMOVED OR PROVIDE THE DOG MAY STAY."
Does this mean he has the discretion to rule that we can stay but the dog must go?
Based upon all of the facts i have presented here today , do you believe we are more legally correct to inform the landlords that we are periodically caring for our sons dog and request permission, or if we don't say anything and allow them to continue their incorrect assumption that it is our dog?
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