If the tenant, in violation of the rental agreement, keeps on the premises a pet capable of causing damage to persons or property, the landlord may deliver a written notice specifying the violation and stating that the tenancy will terminate upon a date not less than 10 days after the delivery of the notice UNLESS the tenant removes the pet from the premises prior to the termination date specified in the notice.
If the pet is not removed by the date specified, the tenancy shall terminate and the landlord may take possession by commencing eviction procedures.
What's a 'Pet Capable of Causing Damage to Persons or Property'?
A "pet capable of causing damage to persons or property" means an animal that, because of the nature, size or behavioral characteristics of that particular animal or of that breed or type of animal generally, a reasonable person might consider to be capable of causing personal injury or property damage, including but not limited to, water damage from medium or larger sized fish tanks or other personal injury or property damage arising from the environment in which the animal is kept.
Therefore, it's not just the animal itself that matters, but also the type of animal species and breed, and also the habitat it's kept in.
What If The Tenant Brings the Pet Back?
If a landlord gave a tenant notice (see above), and then the tenant again kept an unpermitted pet -- i.e., substantially the same act that constituted the prior noncompliance -- within six months time, the landlord may then terminate the rental agreement by giving at least 10 days' written notice specifying the breach and the date of termination of the rental agreement.
Thus, if it happens twice within 6 months, even if the Tenant removes the pet the Landlord can properly evict.
Additional resources provided by the author
If you've got questions about your rights under a lease agreement, contact an attorney in your area with experience in landlord/tenant issues.
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