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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 24480
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I currently live in a rental where the owner allowed me to

Customer Question

I currently live in a rental where the owner allowed me to have my dogs at the home. Upon first moving in, he said he would be there weekly to mow the lawn, and would like me to make sure the dog waste was picked up from the yard prior to his arrival. Last week, he showed up with my Property Manager for our semiannual inspection, without warning, as I had only scheduled the appointment with the property manager and my landlord did not tell him he was coming beforehand. After the inspection, my landlord left and my property manager gave me a letter stating that my dogs would need to be removed from the property within 7 days as he was tired of seeing dog waste in the yard. Blindsided and very upset, I wrote my landlord a letter stating that I had been in California 2 weeks prior (which he knew), and had a very busy week upon coming back home. In other words, the yard had slipped my mind and had I known it was upsetting him beforehand, I would have taken care of it. Note that he also did not give me ample notice any time before coming to mow, though u was expected to assume he would come every Tuesday. Some weeks he didn't come at all, some weeks he came on different days, etc.
After reading my letter, my property manager reached out to me via text saying "the letter worked. The dogs can stay, but there are conditions. I will be in touch next week." To me, this meant that the letter I had received before was now null and void.
It rained the entire weekend, as well as Monday, so Monday night after dark, I attempted to clear the yard as best as I could, though I assumed my landlord would not come on Tuesday due to the rain that was also forecasted for that day. The next day, I got a call from my property manager stating that the landlord now wanted not only the dogs, but my roommate and I out of the house in 7 days. It states in our lease that if for any reason the landlord decides he no longer wants the animals at the house, he will issue a letter giving us 7 days to remove them from the property, and if we don't comply, we will then be forced to leave. However, as stated before, I was told after receiving the initial letter that we would go over new conditions and have this saved on my phone. We even told the landlord after this second occurrence that we had somewhere else for the dogs to stay, but he still refused to allow us to keep the lease. My question is, how can he completely terminate the lease agreement in this case, especially when it says in our lease that he is supposed to give us notice prior to coming to the property and never did?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 9 months ago.
Good evening. A lot really depends on if there is a clause in the lease, that allows him to force/require you to get rid of the dogs with a 7 day notice, no matter what. I say this because he can exercise that right and you agreed to it when you signed the lease, so unless he has waived that condition in the lease, it still controls. Now, to get you to vacate, you need to be in violation of the lease agreement and he would need to give you a chance to cure, prior to proceeding with eviction. Based upon what you shared above, it appears you have defenses to you being required to leave but if the lease allows for him to remove the dogs, he can demand it and if that requires you to move as well, because you do not want to give them up, then it would be an effect of this. To terminate the lease, you need to be in breach. As I shared, he can not just terminate it and needs to allow you to cure a violation.
Expert:  RealEstateAnswer replied 9 months ago.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 9 months ago.
Just to clarify, if he gave me the initial letter of notice to get rid of the dogs, and then came back and said there were going to be "new conditions," does this mean that a new letter would need to be issued before we could be considered to be violating the lease?
Expert:  RealEstateAnswer replied 9 months ago.
If they no longer wanted to proceed with the eviction based on that, then Yes. They would need to give you a new notice to remove them
Customer: replied 9 months ago.
So if I fight this, what do I do about paying rent in the meantime?
Expert:  RealEstateAnswer replied 9 months ago.
You would need to pay it and see if he accepts it. If he does then you could remain and his notice would not be valid. If he rejects it then you would need to fight this eviction
Expert:  RealEstateAnswer replied 9 months ago.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  RealEstateAnswer replied 9 months ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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