What Should Tenants Know About Pet Evictions?

A landlord can try to evict a tenant who violates the lease that they signed. A common reason for eviction is the presence of a pet that is not allowed in the apartment. If your landlord is trying to evict you because you are keeping a pet, you may have legal options. A New York City eviction defense lawyer from our firm can help you defend yourself and make sure that your landlord is following all applicable laws.

When Can You Be Evicted for Keeping a Pet?

Many apartment leases contain clauses about keeping a pet. Some apartments don’t allow dogs but might allow cats, others put a moratorium on furry friends altogether. It’s important to review your own lease before you adopt or buy any kind of animal.

A landlord cannot suddenly decide that a pet is not allowed in your apartment. If they did not make their objections clear in the original lease, then they cannot decide that you cannot have a dog or car six months in. They also cannot add a clause in your renewed lease to bar you from having a pet when you already have one.

How Can You Defend Yourself From a Pet Eviction?

There are a few ways to defend yourself when your landlord wants to evict you for having a pet. You can argue that:

• There was not a no-pet clause in the lease
• The pet doesn’t create a nuisance, damage property, or pose a health risk to other tenants
• Your pet is an emotional support or service animal
• You have kept the pet openly for at least three months

That last one is important. If you have obviously had a dog, cat, or another animal for 90 days or more, the landlord cannot suddenly decide that you should be evicted over it.

You can also bring up any illegal actions that your landlord has taken against you since delivering the eviction notice. If they have engaged in illegal activities, like harassment or changing the locks, then they are not following the proper process here.

Do I Need a Lawyer?

We do recommend getting a lawyer if you have to go to housing court. This is your home that we are talking about. Every case is different, so it’s a good idea to consult with a lawyer who can help you defend yourself against a pet eviction and the specific actions of your landlord.

Contact Our Law Firm Today

If you are facing an eviction for any reason and your landlord does not seem like they are not going to let up, you should talk to a tenants’ rights attorney. Contact Robert Rosenblatt & Associates to schedule a consultation. You should not have to face eviction proceedings all by yourself.