Canmy landlord remove my dog on unproven and false lease violations?

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Canmy landlord remove my dog on unproven and false lease violations?

The other day I was getting coffee and left my dog tied outside for a few minutes. While I was inside he pooped on the concrete 2 residents complained and they told me that I would be getting a lease violation for that which I have yet to see. Instead I get a different violation saying yesterday my dog was not on a leash and there was not a doggie bag in my hand. My dogs is always on a leash or he’d take off. They know how he is. And for all their detective work they might have found the baggie was in my cargo pocket. How do I get these false violations off my record?

Asked on August 31, 2010 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What record are you referring to--any file that the landlord keeps? There is not necessarily any right to adjust the records or files of a private entity or citizen.

However, you cannot be yourself evicted, or forced to give up your dog, unless there was (1) an actual lease violation; or (2) you and your dog are in someway disturbing the peace of your neighbors and/or damaging the hygene of the building.

If your landlord tries to force you to give up your dog, you have a right to challenge that (e.g. in court), at which time you can bring up or show evidence that you have not violated the lease or other neighbors rights to quiet enjoyment (the peace) or hability (hygene).


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