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Question:
I live in Hudson County, NJ. My lease does not stipulate anywhere that I cannot have pets, I have had a cat for 2 years that my Landlord has seen. Additionally there are approximately 8-10 dogs that reside in the apartment complex that the Landlord is aware of. I recently went to adopt a puppy from the NSALA in Long Island. When they contacted my Landlord to verify that dogs were allowed, he stated that due to another tenant having a problem with a neighbor, he doesn't allow dogs. I have been a tenant here for three and a half years and again there are no stipulations in my lease stating dogs are not allowed. My brother has given my daughters a puppy, and I need to know if he has grounds to try to evict me if he finds out, since there are still current tenants (including the tenant who has had problems with her dog) with dogs, and my lease is current and doesn't expire until June 2008 of which I will be moving out to relocate to another state. I really need help.
Answer:
If you do not have a no-pet clause in your lease, you normally would be able to have pets, at least until your lease expires. I suggest you contact a landlord/tenant attorney in your area who can review your lease and advise you further.
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Question:
Hi. I live in a NYC co-op where there is a no-pet clause. My boyfriend went to work in Florida, where he adopted a dog that he found on the street. He moved in with me when he returned (August 2006), and the dog came with him. I know about the 90-day rule, but can you tell me who the owner and owner's agents are? We walk her every day, and I know that some neighbors have seen her (they have never complained to us). It's been over a year now, and no one from the management company has contacted us about her. Does it sound as though we're safe? (The rule is that there is a $500/month fine for a dog.) Thanks!
Answer:
Doormen, supers, management agents, porters, security guards, co-op board members, and other people regularly employed/contracted by the co-op would be agents. I don’t believe neighbors would be considered agents, even if they are shareholders. However, if a neighbor saw an agent see your dog, and the neighbor is willing to testify in court for you (in the event that there is a court case), that could be helpful to prove that the co-op knew you had a dog.
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Question:
Is it legal for a condo association to stipulate in its by-laws that you can have a pet when you move in, but when that pet dies you can't get another one? It seems ridiculous - either allow them or not, right?
Answer:
Condos can generally have this kind of pet provision in their by-laws. Unfortunately, such provisions are not that uncommon. However, there is usually a mechanism to get by-laws changed or to challenge how a by-law was passed in the first place, so you or your attorney should check into this.
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Please note that responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and does not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.
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