Pets and a lease

[kelnpet]

My wife and I signed lease with a provision to allow our dog. It's a standard lease that has a stipulation that Pets are not allowed without the landlord's permission. Then, the landlord initialed a statement on the front stating that pets are "ok". There is no other details about what is required for maintaining our dog. This is a two family dwelling with a common yard. We let our dog go to the bathroom in that yard. We try to clean it up, but sometimes we miss a pile or two. The landlord told me verbally that I had to clean up the yard, no specifics again. I tried to do better, but again I missed some. Now I got a letter stating that I have violated my lease, and that he will be forced to remove my dog if he sees another pile. With this letter he included a copy of the town's law on pet waste saying basically saying you can't let your dog go on a private property without the owners approval.

Two questions:
Would I not have written permission since it is stated in my lease that pets are "ok" (remember no details about waste removal)?

Can he remove our dog and still hold us responsible for paying out the rest of the lease?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by kelnpet:
My wife and I signed lease with a provision to allow our dog. It's a standard lease that has a stipulation that Pets are not allowed without the landlord's permission. Then, the landlord initialed a statement on the front stating that pets are "ok". There is no other details about what is required for maintaining our dog. This is a two family dwelling with a common yard. We let our dog go to the bathroom in that yard. We try to clean it up, but sometimes we miss a pile or two. The landlord told me verbally that I had to clean up the yard, no specifics again. I tried to do better, but again I missed some. Now I got a letter stating that I have violated my lease, and that he will be forced to remove my dog if he sees another pile. With this letter he included a copy of the town's law on pet waste saying basically saying you can't let your dog go on a private property without the owners approval.

Two questions:
Would I not have written permission since it is stated in my lease that pets are "ok" (remember no details about waste removal)?

Can he remove our dog and still hold us responsible for paying out the rest of the lease?<HR></BLOCKQUOTE>

My response:

You're going to have to quote, verbatum, the "town law" on this subject, so that we can review the same. Notwithstanding that, and just going by what you have said only, up to this point (subject to later changes), the yard is "yours" by virtue of the lease. While the lease is in effect, the home and the land is yours until the lease expires. If the "town law" is anything like other laws on this subject, I believe it's a law that contemplates dog waste being left on "other's" property; e.g., if you take your dog for a walk, and it does it's "business" on someone's front lawn, you have a responsibility to immediately clean up the same. But, we'll see if this is correct when you quote the EXACT verbiage of the "town law."

IAAL



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[kelnpet]

Here is the exact verbage in the law (this is in Metuchen, NJ):

"No person owning or in control of any dog, cat or other domestic animal shall cause or allow such dog, cat or other domestic animal to soil, defile, urinate, or defecate upon private property without permission of said property or upon any public propery, except between the curblines of any public street..."

The rest goes on to talk about sanitary means of disposal, etc.

One other thing of note....you mentioned that the yard is ours as mentioned in the lease. However, the lease is for an apartment and has no mention of the surrounding grounds. Does this kill your theory?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by kelnpet:
Here is the exact verbage in the law (this is in Metuchen, NJ):

"No person owning or in control of any dog, cat or other domestic animal shall cause or allow such dog, cat or other domestic animal to soil, defile, urinate, or defecate upon private property without permission of said property or upon any public propery, except between the curblines of any public street..."

The rest goes on to talk about sanitary means of disposal, etc.

One other thing of note....you mentioned that the yard is ours as mentioned in the lease. However, the lease is for an apartment and has no mention of the surrounding grounds. Does this kill your theory?<HR></BLOCKQUOTE>

My response:

Thanks. Yes, my theory is dead. You never mentioned that the grass area was a "common area." Looks like you'll need to walk your dog ". . . between the curblines of any public street..."




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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."