What to do if within 41 days after occuping my rental I was told to cure or vacate based on my dogs that are mixed with a restricted breed?

UPDATED: Mar 29, 2012

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What to do if within 41 days after occuping my rental I was told to cure or vacate based on my dogs that are mixed with a restricted breed?

I was very clear that my main concern when finding a place was their pet policy because I planned on adopting pets. They explained at the time their restriction was 3 pet maximum and 70 pound weight limit. Only at the time of the lease signing did they explain additional pet policy that was restricting several breeds. However this restriction didn’t state a mixture of those restricted breeds. I submitted to them in writing that I will vacate. So it was obvious that they obtained this through deceitful measures and now they are coming after me for breaching the rest of the lease. What are my rights?

Asked on March 29, 2012 under Real Estate Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you signed a lease which listed restricted breeds, then there is likely nothing "deceitful" in the landlord stating that you have to get rid of a mixed restricted breed or else be in breach of the lease--e.g. if a pit bull is restricted, it is reasonable and foreseeable that pit bull/terrier mix would also be. While you could try to fight the claim that your are in breach of the lease and the eviction on the grounds that a restriction on certain breeds would only apply to pure breeds, be aware that there is a substantial chance you would lose.

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