I've lived in this house for 8 months. I've had a dog the whole time. We live on a farm and some of the farm animals have been killed. The landlord thinks it's my dog. I have seen so many stray dogs in the farm animal cages etc. She now says I have to get rid of my dog. We have no lease agreement or any type of paper work. Can she make me get rid of my dog? She's also had her family that lives around here come onto my property with weapons trying to hurt/kill my dog. What are my legal rights?
A landlord can set restrictions on whether you can have a pet on the premises, but it is more complicated usually when there is no written lease involved addressing the issue. It sounds as if the issue here will come down to your oral agreement with the landlord. Oral agreements can be enforceable, under certain conditions. First, you’ll have to establish that the agreement actually existed, which is easier said than done. Even if you can do that, you’ll have to ensure that the subject matter of your contract does not fall within what’s called the statute of frauds. It is always best to get any kind of agreement in writing. Even if they cannot make you get rid of your dog, if your landlord can prove that your animal is a nuisance on the premises then they may be able to institute eviction proceedings. Regardless, your landlord nor anyone else certainly cannot hurt or kill your dog. A landlord is required not to breach a tenant's right to quiet enjoyment of their premises and must give reasonable notice if they intend to enter the premises for inspection, repairs, etc. If they do harm your dog or otherwise, they not only may be facing criminal charges, but you have may a civil suit against them. I strongly recommend you consult and possibly retain an experienced landlord-tenant attorney in your area to fully go over all your rights and options.
This information is provided for general purposes only and should not be construed as legal advice. No attorney-client relationship is created with the furnishing of this advice. Attorney licensed in North Carolina only.
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Trademark Application Attorney
I agree with my colleague. This is not a self-help situation. You need a lawyer. The North Carolina Bar Association can give you a referral: www.ncbar.org/
If we do not have a signed fee agreement I am not your attorney and this is not legal advice.
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