Can my landlord demand I find a new home for my dog in 2 weeks, even though I’m agreeing to move out in 6 weeks?

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Can my landlord demand I find a new home for my dog in 2 weeks, even though I’m agreeing to move out in 6 weeks?

I live in a building where pets are not allowed, but 10 months ago, my landlord made an exception for me and had me sign a pet agreement and pay a refundable pet deposit. We agreed via email. If there was a problem with the dog, I would need to find an alternative living arrangement. Well now, 8 months later, I’ve received my first complaint from another tenant for my dog barking. My landlord contacted me about the issue and I’ve agreed to move out in 6 weeks. However she’s demanding the dog moves out in 2 weeks. Can she do this? I’ve controlled the barking situation, and it’s considerably improved.

Asked on June 13, 2011 under Real Estate Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The agreement via email was not the best.  Was it printed and signed?  Can you show that it was ratified by the payment of the deposit?  Did you clearly mark the payment as a "pet deposit"?  And does the agreement speak to a breach of the agreement and the time to vacate and notice issues?  I think that you have bargaining power here with all of this.  Maybe you can come to some agreement about your vacating somewhere between 2 and 6 weeks.  An eviction proceeding will be based upon a breach of the agreement in question and take time and money the landlord may not want to spend.  Hitting them in the pocket book is always a good way to get their attention.  But someone needs to read all your agreements to give any true guidance here.  Good luck.


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