Can a landlord enter our rental property and remove our pets and board them without our consent if he deems it that they have been left too long?

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Can a landlord enter our rental property and remove our pets and board them without our consent if he deems it that they have been left too long?

I have a leased signed for a house. We agreed on the lease to have 2 dogs. It says that you can not bring any more animals with the landlord’s consent. We have not moved into the house yet but we got 2 new cats now. We called the landlord to talk about it and he flipped out and said he wants to break the lease because cats will destroy his property value. He then sent us an adendum to the lease with various terms. He wants the right to go into our house and remove our animals and board them at a kennel at our expense if he deems we have left them unattended for 9 hours or more. Is this legal?

Asked on June 14, 2012 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If you sign an addendum to the lease giving the landlord this right, it would be legal--in that case, you have contractually given him permission to do this. If you do not sign an addendum giving him the right to do this, he cannot.

2) If the lease limits the number or types of animals you have and you adopt extra or different animals, the landlord may be able to evict you for breach of the lease. Remember: a lease is a contract, and both landlord and tenant are bound by its terms. If you breach the lease in any material or important way, including as to type or number of animals, the landlord could send you a Notice to Cease doing that (i.e. to get rid of the animals); if you do not comply, he could then evict you. If you are evicted for violating the lease, you could also be sued for the remaining rent due for the full period of the lease or until the landlord finds a replacement tenant, whichever comes first.

3) If you have animals and they scratch of cabinets, walls or flooring, or create odor or stains which require professional cleanging, repainting, or replacement of carpeting, you could be liable for those costs.


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