Legal Question in Landlord & Tenant Law in Ohio

I have 3 cats listed on my lease I later got a bird not on the lease. He is kept in a cage. The landlord saw him as I asked her to fix a plumbing problem and left me a voicemail that all my animals have to go or I'm getting evicted. So I legally have to get rid of my cats that are already on my lease?


Asked on 10/30/14, 9:17 am

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, if your lease allows for the three cats, then your landlord cannot unilaterally change the lease terms and forced you to get rid of them.

However, the landlord may be treating your bringing in the unauthorized pet (the bird) as a breach of the lease. It may be his position that once the lease is breached he can go ahead and evict you, and that he is making an offer not to evict you if you will get rid of all of your pets, and that you are free to accept or reject this offer (and move out).

I think the answer to that position is that the unauthorized pet (the bird) is not a material breach of the lease agreement since it is kept in a cage and as such cannot do any damage to the premises.

I'm not sure how a judge would decide the case, but this is the way a judge would analyze the issues.

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Answered on 11/03/14, 11:38 am


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