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Gerald-Esquire
Gerald-Esquire, Other
Category: Landlord-Tenant
Satisfied Customers: 3920
Experience:  30 Years of experience.
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I have been renting the same apartment years. The the

Customer Question

I have been renting the same apartment for 7 years. The the managing company allowed me to have a dog when I moved in (and there were other dogs in the building), even though the lease said that pets were not allowed without written permission (also, my copy of the lease was never signed by the management company). After about 3 years the management company changed (or perhaps only changed names and claimed to be a new company). Representatives of the "new" management company saw my dog several times.
This week I received a letter stating that I was not allowed to have a dog and that I had to remove the dog in 4 days (or be evicted).
Also, this management company has been very neglectful regarding repairs and general maintenance. I have had to call inspectors to have them enforce basic rules.
Further, my apartment is under control, and I am certain they would like to evict me to raise the rent for a future tenant.
Last, after doing a bit of research I am certain that the owner of the building is also the owner of the management company (and probably the previous one).
I would like to know the best way to fight against this eviction and dishonesty.
Thank you.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Gerald-Esquire replied 2 years ago.
Hello,
Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.
I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.
In order for them to evict you they must provide you notice and then issue a "Summons and Complaint." The summons and complaint is an action against you in the local magisterial (small claims) court.
You are entitled to go to the hearing before the magistrate and tell the judge your side of the story. To go to the hearing you must first file an Answer to the Summons and Complaint, denying the reasons for the eviction and requesting a hearing.
When you file the answer and when you appear before the judge, state that the Landlord is "estopped" from denying you the right to have your dog in the apartment because they previously allowed you to have the dog.
Estopped is a legal term that means that having allowed you to have the dog they can not now prohibit you. This is not a guaranteed defense, but it is a good one and it will give you a fair chance of being able to stay.
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Good luck,
Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.
Customer: replied 2 years ago.
Thank you very much. Does the fact that the contact I havevis not signed by the management company?
Expert:  Gerald-Esquire replied 2 years ago.
The lack of signature should not effect the issue here. It neither helps you nor does it hurt you.
The potential difficulty is that they now claim that the lease is month to month and therefore they can evict you for no reason. If the judge agrees with that there isn't much you can do to win, I'm sorry to say.
Your best chance is the estoppel argument, but as I said it is not a sure thing.
Good luck to you.
Kind regards,
Gerald
(Please do not forget to rate me. It adds nothing to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)