Can my landlord make me get rid of my dog?
The Landlord is trying to evict my dog due to a 'rule' that is not noted anywhere in my lease contract and is also assessing fines for violation of that 'rule'. She has posed no health or safety hazard and is not destructive in any way. She is crated at night and spends 4 days a week in the yard while I am at work. The 'rule' we are supposedly violating is that my pet is not allowed to eliminate (urinate or defecate) in my front yard, a combo of stone and dirt. I have been given a notice that states I have 24 hours to remove my dog from the property or they will evict me due to the dog defecating in my yard while I was at work. I clean the yard every evening. There is no health hazard as my yard is enclosed by a 6 foot privacy fence and access to the yard is only available to myself, the tenant.
There are no provisions for either the 'rule' or ability to evict pets that are declared on the lease agreement. Can they make me get rid of my dog? Can they assess fines for this 'rule'? They are charging me $50 because they saw dog waste in my yard during the day (that I cleaned as soon as I got home from work). They have assessed this fine twice this week along with a notice to get rid of my dog. Also, they have no proof of said 'violation', other that a notice of fines due. If they evict me for refusing to remove my dog, do I have any legal recourse since they are evicting me for something that is stated nowhere in my lease contract? Is looking over privacy fences (landlord installed) into my yard a privacy violation?
Any help would be GREATLY welcome!
I understand not wanting the place to smell like a kennel, but when you allow dogs, you have to have reasonable policies. But the people who are acting responsibly are being punished instead of those who are letting their pets eliminate and leaving it where it lies because no one can prove it was them. I'm betting the people who own the houses behind us aren't too pleased either...
I would think that the landlord would rather her eliminate out there where I can keep it clean than all over my carpet... Accidents happen when dogs are left inside.
Also, as a veterinary nurse, I have seen more damage done by pets being left inside that being in the yard for an hour or two. Toxic substance ingestion and gastrointestinal foreign bodies are two of the most common and can easily occur regardless of how well you may have 'pet proofed' your home.