LandLord Question

[imq707s]

My girlfriend has been renting a townhouse for 18 months now. Last week her phone was shut off for a few days because the bill wasn't recieved in time. The phone company notified the landlord who dicided to pay a visit to the residence to see what was going on. My girlfriend was not home, so the land lord opened the locked door, proceded through the house and opened a closed bathroom door where a ferret was in a cage that my girl friend was watching for her frind for a few days. The landlord sent my girl friend a letter the following day stating that an unothorized animal was found in the house and that she must pay $225 for each month that she has lived in the house for a petfee or be evicted. $225 X 18 months = $4050. Here is my quesiton. Can the landlord legally go through the house when nobody is home, and how can she prove the ferret has been there the entire 18 months? Thanks a lot.

Ian Quinn
Springfield MO

[email protected]

 

[loudrich]

Absolutly NOT!..........

The landlord had NO right to enter her apartment, there was NO EMERGENCY!..

And so he found a pet......where does he come up with the $225 a month is it stated in a lease or did he just pick a number out of thin air?

If it is in a lease he might be able to start charging her the money next month but never back fees....

Write a letter send it certified return reciept...and see what happens......

If she has no valid lease she should look for a new place to live ASAP...within 30 days. With a valid lease if there is no pet fee well the landlord cannot charge one untill the next lease starts.....

then she will have to move or pay the fee

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by imq707s:
My girlfriend has been renting a townhouse for 18 months now. Last week her phone was shut off for a few days because the bill wasn't recieved in time. The phone company notified the landlord who dicided to pay a visit to the residence to see what was going on. My girlfriend was not home, so the land lord opened the locked door, proceded through the house and opened a closed bathroom door where a ferret was in a cage that my girl friend was watching for her frind for a few days. The landlord sent my girl friend a letter the following day stating that an unothorized animal was found in the house and that she must pay $225 for each month that she has lived in the house for a petfee or be evicted. $225 X 18 months = $4050. Here is my quesiton. Can the landlord legally go through the house when nobody is home, and how can she prove the ferret has been there the entire 18 months? Thanks a lot.

Ian Quinn
Springfield MO

[email protected]<HR></BLOCKQUOTE>

 

[Tracey]

File a criminal complaint against L for trespass. He can't charge back pet fees with no evidence that a pet was there during those months. Also, the lease says "No pets" right? It doesn't say "No pets & if I find a pet there at any time I get to charge you $225 pet rent for every month you've been here." The absolute most L can do is send her a letter saying that she is in breach of the lease & he's going to evict her if she doesn't cure the breach by getting rid of the pet. Usually, T gets 7 or 30 days to cure but I couldn't find a statute specifically addressing whether L has to give T a chance to cure the breach or can proceed straight to eviction.

Write L a letter telling him his entry was a criminal act & has been reported to the police, & that he cannot charge ANY extra money for the presence of a pet - he can only demand the pet be removed. Then tell L the ferret is gone & was only visiting for the day & didn't belong to her. (Don't volunteer how long the ferret was there. L has to prove that. Don't make his case for him.) Deliver the letter certified, return receipt. If L accepts next month's rent, he's waived the breach & can't terminate the lease for it.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.