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Re: Cats? Harrassment?

Posted by me again on February 04, 2002 at 14:54:20:

In Reply to: Cats? Harrassment? posted by Roxanne on February 04, 2002 at 10:43:54:

: I have been living at my apartment for almost 2 years now, and my lease is up in August...
: When I first moved in, I agreed to my landlord that I wouldn't have any pets, and I didn't for a while. Then, I brought a beautiful cat into my home. The landlord called me at work sometime after 3 months and told me that my cat was seen in the window and that I was not allowed to have it. I told him I was catsitting, and that I would no longer have her in my home...and that's exactly what I did. Then out of the need to have an animal companion, I got another kitten. The reason for this is because there are definitely other tenants in this building with animals. I have seen plenty of cats in the window and a woman with a dog who walks in and out of the apartment obviously there are exceptions.
: I am also getting more aggravated at the fact that even before this situation, the landlord calls me at work from time to time and accuses me of having people come in all hours of the night (which I dont, but even if I did, it's none of his business) And that I have teenagers running around the building. He also tried to say that I had someone living with me (which is my boyfriend who stays with me often). I honestly feel that I am being discriminated because of my age and because of my boyfriend's race.
: The way he found the cat was that the super found my garbage with kitty litter and my mail. Wouldn't that be found wrong in a court of law - that he went through my mail and trash? Can I get evicted? Help!!!

roxanne, you're on the losing side of the battle on this one. david is correct on all his points. you signed a lease agreeing to no pets, but decided to get one anyway. when they found out about it, you were notified to correct the problem (which you say you did), but then turn right around and get another cat anyway??
whether you have guests at 'all hours' IS HIS BUSINESS, if it affects any of the other tenants in the building, loud knocking or stomping around at 2am interferes with the other tenants to enjoy their apartment, as well would 'teenagers running around the building' - you don't try to defend this one, not sure if it has any basis in fact.
as far as the other tenants in the building having pets, it is up to the landlord to enforce the no pets issue on his own terms, like david said, maybe some of them have leases that allow them, or they paid additional deposits, and maybe more rent for the option of having a pet. it is no reason for you to ignore your lease.
as far as the super going through the trash, it's probably part of his job description to make sure that the garbage goes out, and he handles it anyway. even if not, garbage is public domain, once it hits an outside can, it's open for the world to see, the papparazzi (sp?) will attest to that. if you put your mail in the garbage, your mail is now open to the public. hopefully, you destroy anything with accounts numbers, etc., identity theft is a nasty thing to have happen to you. (don't most people shred anyway?).
as far as the boyfriend living with you, the landlord has the right to know who is living in HIS property, partly so that he can assure the safety of the other tenants and the building. maybe your boyfriend in a past-life was an axe-murderer, he has the right to know that. i wouldn't automatically assume that he is discriminating against you because of sex, age, or race, because these are generally difficult to prove, and you'll sound like a raving lunatic in court, if it ever gets to that. you must have proof for something like that to stick.
since you say that other tenants in the building have pets, maybe the landlord would let you keep yours if you paid a pet deposit or maybe additional rent? if this is not acceptable to you, yes, he CAN have you evicted for this. and having an eviction on your record AND a pet can make it tough to find a new apartment.
assuming you like the place and the rent is reasonable, you can either play nice with the landlord, offer a pet deposit or additional rent, and try to reasonably (read: not adversarial) work with your landlord regarding his other 'concerns', and things will probably work out ok. maybe he'll want to have your boyfriend's name on the lease, and do a criminal/background/credit check on him, just to satisfy himself, and that will be it.
if you WANT it to be adversarial, it will be, he'll probably drag you into court and evict you, you'll lose, get an eviction and maybe a judgement on your record, and be out on the street trying to find a new place. or, he could just NOT renew you lease when august rolls around, and then you'll have to deal with moving anyway.

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