If your apartment is not governed by any form of rent regulation your landlord is not required to offer you a new lease. If your lease has expired, you have become a month to month tenant. Your landlord can change the terms and conditions of your tenancy and prohibit you from keeping dogs in the apartment.
The above constitutes general information only and should not be considered legal advice.
Since you state there is no written lease agreement, it is likely that you are a month-to-month tenant. This means that you or your landlord may terminate the tenancy so long the terminating party provides notice before the beginning of the last month in the premises. Accordingly you may want to write a letter to your landlord explaining and apologizing for the lapse in rent and why the dogs are important to you. If you landlord does decide to terminate your lease, there is very little you can do but you may want to contact a local landlord-tenant attorney to discuss your options.
Though the issue should probably analyzed as discussed above, the answer to your specific question is that since you have cured the breach of the agreement to pay rent you may not be evicted on those grounds. However, unless these are support or service animals, it is likely that the landlord may still be able to evict you if you do not remove the dogs.
Assuming you are not a rent protected tenant, you are a holdover and the landlord will be able to evict you through a holdover eviction proceeding.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
If you do not have a lease then you are a month to month tenant. Your landlord can refuse to continue the month to month lease if he gives you 30 days notice.
Dear Schenectady Tenant:
Paying rent provides the piece of mind that your tenancy is good for the month. A tenant without a written lease lives life at the whim of the landlord to change terms and bait and switch. An oral commitment allowing the two dogs lasts as long as the month when made. A new month comes around the landlord may request more rent and deny the right to have your animal companions. Tenants with written leases laying out all of the agreements needed for the tenancy bind their landlords to those terms for the duration of the leases. Tenants without written leases have no reason to expect the terms and conditions of the tenancy would last longer than one month at any one time.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
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