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Posted by TenantNet on August 04, 1997 at 18:03:38:

In Reply to: Landlord eviction because of pets posted by Mary Tarochione on August 04, 1997 at 09:51:15:

: My landlord has decided to start eviction proceedings because I have pets. If he does evict my roommate and I, can we legally get our security deposit back if we keep paying our rent.
: We have decided not to fight the eviction because the 90-Day Pet Waiver Law doesn't apply to us. (We are 5 days away from ninety days.)

You should fight it -- it may depend on many things, but I think the
90 days is not always absolute; it may depend on the judge or other
factors. Don't pay rent now. If the owner sent you a notice of
termination, there's a window period from then until he commences
suit that it he accepts rent, he's may be deemed to have reestablished
the tenancy. The court may order you to pay rent, but if you don't,
then you will have the value of your deposit back.
Read the booklets in our court section and the fact sheets on pets.

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Comments:
: : My landlord has decided to start eviction proceedings because I have pets.  If he does evict my roommate and I, can we legally get our security deposit back if we keep paying our rent.
: : We have decided not to fight the eviction because the 90-Day Pet Waiver Law doesn't apply to us.  (We are 5 days away from ninety days.)  

: You should fight it -- it may depend on many things, but I think the 
: 90 days is not always absolute; it may depend on the judge or other 
: factors. Don't pay rent now. If the owner sent you a notice of 
: termination, there's a window period from then until he commences 
: suit that it he accepts rent, he's may be deemed to have reestablished 
: the tenancy. The court may order you to pay rent, but if you don't, 
: then you will have the value of your deposit back.
: Read the booklets in our court section and the fact sheets on pets.


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