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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33802
Experience:  15 years real estate, Realtor. Landlord 26 years
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Our Tenant has breach the Pet Agreement portion of s lease.

Customer Question

Our Tenant has breach the Pet Agreement portion of his lease. The pet agreement states that the landlord may terminate the tenants rights to own pets and have the pets legally removed if he doesn't remove them from the property. How enforceable is this? Can we call our local animal control and have the animals picked up? We live in MI.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Unless the pets are dangerous or are causing a threat to someone, I don't think that you would be able to call animal control to remove the pets under the lease, even though it says you can.

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You would have to terminate the tenancy under a breach of lease notice and then evict them if they didn't remove the pets within that 3 day period.

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A landlord's recourse is not a "self help" course of action when a tenant breaches, but rather to provide proper notice of the breach and then pursue all legal remedies through the local courts..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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