CanI keep my petif my lease doesn’t have a no pet clause?
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CanI keep my petif my lease doesn’t have a no pet clause?
The super of the building won’t give me the 2 past months rent bill and I fear that they are trying to build a case to bring me to court. On the phone the management company said I am not allowed to have a dog but I’ve had the dog for more than 3 months and it doesn’t say on the lease no pets allowed. Since this problem arrived I’ve actually had really bad anxiety attacks and I started to see a psychiatrist. Can I sue the management company for harassment?
Asked on September 21, 2011 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You speak with an attorney, both to make sure they don't try to evict you and to clarify, with a court order if necessary, that you can have a pet:
1) A lease is a contract. It binds both parties. Each party, landlord and tenant, has to honor any requirements, obligations, restrictions, etc. in the lease--and conversely, they don't have to do things not required by the lease. Neither party can unilaterally change the lease or add new terms. If your lease does not bar pets, you may have a pet, and the landlord can't change that.
2) The landlord can evict you for nonpayment, but can't do things that make you be unable to pay. However, that said, you should know what your rent is; even if you don't have a rent bill, you should be paying your rent on time, in some way (e.g. check or money order) that you can prove that it is cashed or deposited.
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