Can a landlord evict me on the grounds that I have acquired a pet? .

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Can a landlord evict me on the grounds that I have acquired a pet? .

The animal has had all it’s shots and rabies shot and he is also on my renter’s insurance.

Asked on April 30, 2012 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have a written lease, during its term (i.e. until it expires), you can only be evicted if you violate the lease in some material (important) way, fail to pay rent when due, deliberately or recklessly damage the landlord's property, threaten or commit crimes against the landlord, or disturb the right to peaceful enjoyment of their premises of other tenants, after first being warned (provided notice) to stop doing so. Therefore, if there is a written lease, if the lease itself prevents you from having a pet, you could be evicted for violating the lease; but if the lease is silent as to a pet, then the landlord could not evict you for having one, since you have not breached the lease.

If you do not have a written lease, you have an oral lease and are a month-to-month tenant. In that case, in addition to evicting you as per the above, your landlord could provide you 30 days notice he or she terminating your tenancy; the landlord could terminate your tenancy, if  you have an oral lease, for having a pet.


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