If the current renters are in breach of contract due to owning 3 hedgehogs, 2 aquariums, and a cat, which they do not have written consent by the owner to have, can they be evicted?

The renters do not have written consent, as stated in the lease contract to have,
for pets. They have 2 large aquariums, a cat and 3 hedgehogs. I believe they also
have a third person living with them. There is a room set up with a bipap machine
for sleep apnea next to the bed. Can they be evicted?

Asked on May 5, 2016 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you may evict tenants for violating the terms of their written lease. You would send them a "3-day notice/Demand for Compliance" requiring them to "cure" or fix the breach within three days (though personally, I recommend giving a week to 2 weeks for getting rid of pets or unauthorized occupants; they need to find someplace for the people or animals to go). The notice needs to be specific about what the lease says, what term(s) of it they are violating, what they are doing to violate the lease, and by when they need to fix the problem. If they don't fix the problem in time, you can then file an eviction action in court. You can get sample or template forms, plus instructions, from the court.

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