Visiting Pets

[finertea]

I have received a 10 notice to cure and 30 day notice to terminate ETPA because my daughter came to visit and stayed overnight with her pet dog. (A small chiuaua) I asked my landlord for clarification of our no pet house rule and was sent a notice that they have been advised by the owners (Part of the complex is co-op) that no visitors may bring a pet into the complex. Only people are allowed to visit. Doesn't sound right. I have responded, but have not received a response yet. Preparing for battle.

[Anna]

At the moment, I suggest you concentrate on the 10-day Notice to Cure. Your response should emphasize that the condition complained of lasted only one night and was cured before the ten days were up. Ll cannot evict you if you've cured; besides, even if this absurd case went to trial and you lost, the judge is required by state law to give you another 10 days to cure.

As for the larger issue of whether or not LL can make and enforce this type of rule: deal with that later, leave it out of your response.

You're apt is ETPA, i.e., rent stabilized: if this rule was not written in your original lease (the one you signed when you moved in), LL most likely cannot require you to abide by it because that would amount to altering the condition of your lease.

[finertea]

I responded to the 10 day notice to cure and have now been served with a holdover petition and am scheduled to appear in court on July 12th. My rent check for June was returned. My security deposit for a new lease scheduled to start Aug.1 was also returned with a letter stating that my lease was cancelled and a court date was pending. I have retained an attorney in Westchester, but I am very frightened that I may lose my apartment after all. This whole thing is like a bad dream.

[tenantTomasz]

Unless something is missing here it simply looks like your LL is a schmendrick (out of respect for that LL I hope I am spelling it right) and is simply looking for a reason to kick you out. Does your lease have a clause about a LL being entitled to attorney's fees? If so, remember that it can only take place if he/she wins. If you win in such a case you are entitled to get your lawayer's fees back.
Good luck in court.

[serendipity]

Have you ever heard about the rule that states that if a tenant harbors a pet for more than 3 months, despite a no-pet clause in their lease, then they are allowed to keep the pet. I think that your landlord actually intends to enforce the provision and is being proactive about it.

It's just business. Blame all the other jerks who claim that they have "visiting pets" and then keep them long enough for the loophole ton apply. You can fight the landlord if you wish, but save a seeing eye dog, etc, if you signed a contract for no pets, you probably won;t have grounds to object. Especially since it is really only a minor inconvenience to yourself and your child.