[cochon]

I will keep it as short as possible. I am completely outraged. I JUST moved into an apartment (15 days ago) with my 3.5-year old pit bull rescue. Intitially, I asked if there were any breed or weight restrictions (I asked the broker), and he said no (of course, now, he doesn't remember that). Everything was fine until this morning. I was walking my dog, and a lady (if you can call her that) from my apartment building walking her dog sees me. My dog doesn't bark. Nothing. I keep walking.

She starts yelling at me how a pit bull killed her other dog, how they are responsible for the most deaths in the U.S. by dog bites, etc. I try to reason with her. She won't even let me speak. When I get back in the building, I can hear her knocking on doors and telling other tenants how a pit bull killed her dog, and we have other ones in the building.

In less than TWO HOURS (I had to go to work - she, apparently, didn't) I get a call from the broker saying the building owner called him, saying they don't allow pit bulls in the buildings. What are my options if my conversation with the landlord doesn't go well. Do they have a right to evict it? How do I fight it? And how do I shut the woman up? Can I press charges for harassment? She is talking about signing petitions against me and my dog. I am in New York City, if it helps. I do not have a lot of money for legal representation. What are my options?

Again, I have had no problems with the dog. He would jump on people if left to his own devices (playfully), but I always keep him leashed and close to me. He does bark from time to time, but rarely and a lot less rarely than all the other dogs in the building that just bark and bark and bark.

Please help.

 

[Ania's Mommy]

Does the pet section of your lease sepecify breeds? Did you have to list the breed on your lease? I mean, you usually have to tell them your year make and model of your car. I would think the same would be true of a pet (type, size, and breed, that is).

I'm not a lawyer or anything, but it would seem to me that when you paid the pet deposit and it was received by the apartment, you entered into a binding contract saying that your pit was ok to stay.

I hope it works out for you! This lady sounds like she'll be a LOVELY neighbor. :frown:

Unfortunately since we live in such a sue happy culture, we need to make sure we get everything in writing. Sux, though.

Richelle

 

[cochon]

Ania's Mommy, thanks for your reply. In my applications, which was approved, all I had to state was how many dogs I have (I did) - no breed, size, etc. The lease does not talk about dogs. They told me that as longs as I have an application that's been approved stating that I have a dog, that's fine. I did not have to pay a pet deposit (another place I was looking at didn't require it either).

Can the idiot woman sue me directly? For what?

 

[Nani]

This is horrible and I'm so sorry! It's disgusting how people can be with so much time on their hands. Not sure if she can sue but it seems people are always finding ways to surprise me!! I would be worried about leaving your dog at home when you go to work. She sounds crazy to me.

 

[lilbabyvenus]

I don't see how she could sue just because "someone's pit bull, however long ago" killed her dog. Your dog, and you, have done nothing wrong. There is no evidence, and unless she gets people to lie in court (which is illegal), there are no witnesses to anything. You signed your lease, asked what needed to be asked, and did everything correctly on your end. If you need to, call the local police department and file a complaint. Slander is also illegal in most states, of course you may need proof that she was running around spreading rumors about you or your dog. But either way, it shouldn't cost you anything to simply file a complaint about her. And if you need a harassment restraining order, you can sign a waiver of the fees if you have no money available at the time.

 

[Unosmom]

Wow, she sounds like a nutjob, I would probably file harrasment charges against her. I dont see how they can evict you unless theres a breed restriction to begin with, though I wish there was some sort of contract you could have signed in the beggining to prevent this sort of nightmare.
I'll have to ask on another forum since there will likely be more responses.

Let us know how it goes.

 

[cochon]

First of all, thank you so much for all your support!

Here's the thing that really bothers me. I got the apartment through a broker. I never spoke to the owner. The broker said there were no breed restrictions and promptly forgot about that (the only thing I have in writing (text messages) is that a 60-pound dog is OK). Now, the owner is telling the broker that he does NOT allow pit bulls. My questions is, is the law on my side because I was never told that or on theirs because nowhere (in writing) does it say that I have a pit bull (just 1 unspecified dog of 60 punds).

 

[lilbabyvenus]

I would try to find a lawyer in your area and call to see if they will just answer a couple questions. And just ask. Otherwise, possibly a county or city office may be able to answer questions like that. I'm not sure, but it's worth a shot! Good luck!

 

[cochon]

So, of course the woman contacted the landlord, and he is now saying they don't allow pit bull dogs or other dogs they deem dangerous in the apartment, and I have to get rid of the dog or be evicted. I sent him a letter back saying that my dog is not dangerous and can't even legally be considered a pit bull, since he is a mixed breed dog that may not even have pit bull terrier in him. Waiting for a response from him.

 

[DaneMama]

Maybe get a canine DNA test done to prove that he is actually a mixed breed dog?

 

[Ania's Mommy]

I still say that if it was not specified in the lease, that you should be legally protected. They (in writing) agreed that a 60lb dog was ok. They did not say that a 60 non-pit was ok. They didn't ask what kind of dog!!! They left it open to any breeds. If there is a breed restriction, they are obligated to tell you prior to entering into an agreement. In this case, your signed and executed lease works in your favor.

I guess it comes down to whether or not you really want to live next to a crazy lady, or pursue legal action.

I don't envy you. :frown:

Richelle

 

[DaneMama]

Get a copy of your lease and read it word for word.

 

[JayJayisme]

I agree with those above citing the language of the lease as your recourse. That's why they say, "Get it in black and white". If you did, there is nothing they can do legally unless the lease is superseded by municipal code. As others have stated, you need to solicit the advice of an attorney.

 

[xxshaelxx]

So, I talked to one of my friends who used to work in real estate, and she said that it doesn't matter what is in the lease, whether it says certain breeds or not, and that since you don't have it in writing from the broker, it won't matter what he said.

She said that you will have to pay a lot to get an attorney, or just bow out of the deal, but to talk to the broker, call him out and tell him that you want a certain amount of your money back. She said that if you take it to an attorney or court or whatever, you need to prove that your dog isn't aggressive AT ALL, but you better make sure that the dog isn't aggressive in any way shape or form.

Or she said call the "Street Court." It's a TV show up there in New York. She said that they love the cases with dogs.

 

[cochon]

xxshaelxx, so does your friend say that even though I was not told about it before I signed the lease, the landlord has the right to evict me?