Eviction threats for dog poop and fine?
My landlord has emailed me twice now accusing my fiance of not picking up our dog poop. I know someone has been picking it up because all the bags are gone we use to do it. Anyways, she threatened a $25 fine next time, and if that doesn't work, eviction. I read the lease last night, there is nothing in there stating a $25 fine. It also says that while repeated offenses are a violation of the lease, that the pet rent would increase per month, nothing about an eviction. I am scared, and have now taken it as my job to let them out instead of him. I have even taken all the leases to work everyday so there's no way he can be blamed. Am i taking this too far? Can the landlord legally threaten fines and eviction when its not stated in the lease? Can I break a lease due to these threats?
2 attorney answers
The starting point is to read your lease and any rules and regulations that are made a part of your lease. If there is a provision for picking up this material and you dont do it, then you are in breach of the lease and the landlord could start the eviction process. Most Judges do not like fines since they few them as penalties and penalties are not favored under Wisconsin law. So, depending on the exact language of your lease, an eviction may be possible but doubtful about the fine. Attorney James Hiller
I try and think of the chore of taking the dogs out as a pleasure rather than a bore. Dogs are fun.
Surely if you guys clear the scat the LL won't evict you. Try apologizing and showing diligence in this task and the fine issue will probably just go away too.
No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in Indiana and Illinois. Circular 230 Disclosure: any U.S. tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.
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