my friend has lived in an apartment with her dog with aproval from the landlord for a year. she is an at will tenant, she was told rent would go up next month if the dog stayed and she agreed. She was then called by the landlord the following week and was told she had 14 days to get rid of her dog or move out due to his insurance wanting more money. is there anything she can do? she cant afford to move in 2 weeks and has nowhere to put her dog
Real Estate Attorney
Your friend should retain counsel.
While eviction can probably not be stopped, it can most likely be delayed with the assistance of tenant's counsel. Generally, the landlord is probably not entitled to terminate the tenancy in 14 days. If he doesn't terminate the tenancy properly, he is not entitled to bring an eviction action. It is better practice not to inform the landlord that he is doing it wrong, and better to capitalize on the error later on and force him to start over.
I don't want to provide too much more instruction on a public forum because it could aid the landlord and negatively impact your friends interests, but your friend should contact an attorney.
Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at www.vaughnmartel.com.
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Real Estate Attorney
Even if the presence of the dog somehow violates the terms of the tenancy, her landlord probably is not entitled to terminate the tenancy upon 14 days’ notice. You would have to look to the terms of the tenancy if a rental agreement is in writing. It is more likely that the landlord must give the tenant 30 days’ notice following the termination of which they can start summary process/eviction proceedings in court. If the landlord doesn't give proper notice and commences summary process/evictions proceedings anyway, then the failure to give proper notice would be a defense to the eviction.
This "answer" is for information purposes only and is not intended as legal advice or to create an attorney-client relationship.
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