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Landlord threatening to evict if we dont get rid of our dogs Pets

Discussion in 'Other Residential Landlord & Tenant Issues' started by mansbestfriend, Jan 28, 2014.

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  1. mansbestfriend

    mansbestfriend Law Topic Starter New Member

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    My wife and I entered into a lease contract with the option to buy, after signing the lease and putting the $4,000 down on the property, the landlord gave us the keys to the property, after moving into the property, the landlord was told by her maintenance worker that there was dogs on the property...the landlord had knowledge of our inside dog, even asked about was he an inside or outside dog? we informed her that he was an inside dog, but occasionally, we let him stay outside and play with our other two dogs, so having met the day after to sign the lease and place the de[posit down, she is now sending disrespectful text messages...leaving disrespectful voice mails, and now telling us that we have one week to vacate the premises!!!!!

    There was nothing in the lease about us not having our dogs, now she's harassing us daily, saying that if the premiums for the insurance is too high for her, she's willing to give us back the $4,000 but nothing else for the expenditures that we have endured, I mention to her that my wife had complained about the neighbors kids walking across the property, and going into our backyard after having warned them not to do so..... she informed me that I need to tell my wife to TONE if DOWN, because she is now living in an ALL BLACK NEIGHBORHOOD, and that's why she's complaining.... (My wife is white and I am black).

    So my question is, can this landlord continue to threaten us with eviction, and insults because of our dogs, and her insurance company dropping her policy?

    Sincerely,
    Just want peace
     
  2. army judge

    army judge Super Moderator

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    OP, read your lease.
    You aren't in a purchase contract, as its just a variation of a lease.
    That said, read the lease, every word, before you take the position that pets are not allowed.
    If the lease doesn't contain anything about pets (pro or con), then tread lightly.
    You never want to get into any legal argument, and do everything to get into an argument with a landlord.
    Also, ignore the race stuff, no matter what another does, don't let yourself go there or be baited.

    Okay, back to the law, this is for DuVall County, AL:

    http://www.duvalclerk.com/ccWebsite...ketForFailureToPayRentAndDamages_BackRent.pdf


    Another view of the process:

    http://www.alabamalegalhelp.org/issues/housing/eviction

    That probably doesn't apply, but the next one is where this appears headed.


    This concerns itself with any lease violation:


    14-Day Notice
    The Alabama eviction process begins with written notice given to the tenant.

    If the reason for early termination of the lease is material noncompliance with the lease agreement or conduct which materially affects the health and safety of others, the landlord must serve a 14-Day Notice.

    It must specify the conduct or omission that constitutes the material noncompliance and that the breach, if curable, must be done so within 14 days after the notice is received.

    Material noncompliance may mean having unauthorized persons living on the premises, unauthorized pets, or failing to maintain the unit in a clean and safe manner.

    Substantially damaging the property is material noncompliance as is possessing, selling, or manufacturing controlled substances in the unit.

    Other acts such as threatening other tenants, playing loud music, keeping garbage on the front lawn could be construed as affecting the health and safety of others.

    Whatever you do, try to keep it polite, civil, orderly, and all business.

    I suggest you open discussions, tell your wife let you handle this, and see if you can make yourself and the landlord happy.
     
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  3. mansbestfriend

    mansbestfriend Law Topic Starter New Member

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    Thanks Army, this is all so frustrating for my wife and I, I have been so polite to this landlord, but it seems as though, the more I extend the respect, the more she insult, one minute she tells us that she is willing to work this out, then the very next minute, she send text messages talking off the wall, my wife and I really want to thank you for the advice and insight, I re-read the lease several times, and there is nothing in there about pets, I reminded her that she never said anything about us not having our dogs in the beginning when she knew we would be bringing our dogs.

    Today she sends me a text stating ......" I have to deliver a 3-day Notice of quit when the weather breaks, This document covers my position about the issue with your pets, and it demonstrates u have my position in writing."

    I am not sure what she is attempting to do, I thought all the signing of the lease at the beginning was what governs the lease....not add to the lease after the fact, but nevertheless thank you again for your thoughts, and advice, greatly appreciated!!!!
     
  4. army judge

    army judge Super Moderator

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    Well, no one can bullet proof their life.

    Heck, I've seen people killed wearing body armor.

    Okay, if she serves you notice to quit, you are under no obligation to leave.

    You simply keep paying the rent, and following the rules in your lease.

    If she refuses to take the rent, obtain money order equivalents (or cashier's checks) and hold them. Document the fact she refused to accept the rent, and make sure you offer the payment on time (in advance a day ro two, if possible).

    You want to stay, you make sure you and your wife walk the "straight and narrow".

    After the three days, 10 days, whatever days notice she gave you has elapsed, she then has to go to court and file for eviction.

    Now this is where you make sure you FULLY understand what is required of her and you, and be ready to explain t the judge why she's wrong, and why you're right.

    These articles on "retaliatory eviction" will get you started. You can search and will discover many more.

    http://www.dayton-ombudsman.org/home/government/#who-else-can-help

    http://www.nolo.com/legal-encyclopedia/ohio-state-laws-prohibiting-landlord-retaliation.html

    http://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter11-1.html

    https://lmcounselblog.wordpress.com/2013/07/18/retaliatory-eviction-is-a-defense-in-ohio/

    Okay, live your life, follow the rules in your lease, perform your repsonsibilites under teh elase, document the landlord's failure to perform hers.

    Take videos, take pictures, (avoid recording conversations), try to have a two or three witnesses around when she chats with you, document, document, document everything.

    Start a journal, use a notepad, use your mobile phone's note taking capabilities, keep accurate, legible, well documented records of every interaction with her.

    Frankly, I'd negotiate my way out of this situation.

    I'd give to get and be free of a monster like her.

    But, we all make our own choices.

    Never, ever do one of those lease to own deals again. They suck, and you get cheated. Most fo the time, you lose that "deposit".
    If you can't afford traditional financing, no shame in renting. Home ownership, unless you can readily afford it, is another credit trap, as a mortgage is just a funny looking credit card or charge account. One most people never pay off these days.

    Okay, good luck, and choose wisely my new friends.
     
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  5. mansbestfriend

    mansbestfriend Law Topic Starter New Member

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    Thanks Army, you are so very right in your post, we agree 100% about entering into these kinds of rent to own lease agreement, my wife and I have been renting for the last 3.5 years, trying to re-build our credit and pay down debt, so when this opportunity presented itself, we felt like it was a good one, being as half of the monthly rent would be accredited towards the principle of the home at the end of the lease once we were ready to have the home finance by a bank or mortgage company, we was quite confident that would be able to have that done in 2 years.

    But nevertheless, we find our selves in this stressful, but yet compromising situations, either we...as you and so many others have said in so many words, stand our grounds, play within the guidelines of the lease, and continue to aim for our ultimate goal and that is, obtaining our own home, we are people of faith, and truly believe that God will never place more on us than we can bear, its going to be really hard for us to just honor her wishes at leaving, because most of our money has been utilized making this transition over here. I tell you the truth, sometimes we just want to scream, this woman have cause so mush stress for us, but I will do just as you suggested in your last post. I even tried to suggest to her, if she is willing to return our deposit, plus an additional $800.00 for our expenses at moving to this location we would go ahead and try and find some where else to live.

    She text the next morning saying that once she check with state farm, and see their homeowners premiums for the year, she would let us know something, but she was adamant that if the premiums was to high, she was only willing to give us our initial deposit back nothing additional....so what we are about to do now is, research the enclosed info that you sent to us, and go from there, it really suck having to have your life placed on hold like this/

    But anyway, thank you loads many more times for you taking the time to give us some more helpful information, we definitely appreciate it from the bottom of our hearts, we wish you well in all that you do in life, its really hard to find good natured people anymore, we often find our selves asking the dreadful question......."What ever happened to us as people?"

    Kind Regards,

    Just want peace!!!!
     
  6. army judge

    army judge Super Moderator

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    MBF, I know full well what you mean.
    These days, I avoid most human contact.
    People are too unpredictable.
    Hang in there, and trust in the Lord.
    I'm sure you've asked Him to fix this, so all you can do is stand on faith and wait.
    It'll happen in His time, and being human we tend to be impatient, but waiting on God means waiting on Him to show you the answer.

    Until then, stand with God, and you'll never stand alone.
     
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  7. mansbestfriend

    mansbestfriend Law Topic Starter New Member

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    Amen!!!!!!!!! Latest update, I have sent her two messages today, asking her where would she like me to send her the rent money? She isn't responding now.......We are standing on prayer and faith now..... Again, thanks loads!!!!!!!
     
  8. army judge

    army judge Super Moderator

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    Yes, quite predictable.

    These things have a pattern, as do most things in life.

    Get readu for the retaliatory eviction phase. LOL
     
  9. mansbestfriend

    mansbestfriend Law Topic Starter New Member

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    Well, today the landlord sent another nasty text messages saying she's sending us a 14-day notice of some sort, detailing her position with the pets and all, and that unless the pet issue is sorted out, there is no contract agreement between us....Wow!!!!!

    Talking about playing with people lives....geeezzz, I am almost inclined to just let her get this dam place back, but taking her to court for other losses we have incurred because of her breaching this contract agreement.
     

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