Legal Question in Landlord & Tenant Law in New Jersey

Notice to Cease

I live in an apartment complex when i moved in the manager told me i could have a pet. Recently the manager was fired and a new manager took over. She has told me I have to give up my dog or be evicted. I had a verbal agreement can she do this. I received a letter to cease but she never signed the bottom. She told me when she started here that my dog was legal and it was ok that she was here. We had a problem with her about security deposits that we called her on and we won. There are alot of people here who have dogs and they never received a letter to cease just us. Is this legal or can i fight her on this. I really dont want to move and sure dont want to give up my dog. She stated laws n.j.s.a. 2a;18-61.1 and n.j.s.a.2a;18-61.2 are these the real laws or is she just trying to get even.


Asked on 3/13/07, 11:01 pm

1 Answer from Attorneys
Frank Bosley Law Offices of Frank T. Bosley, LLC

Re: Notice to Cease

Greetings.

NJSA 2A:18-61.1 and 2A:18-61.2 are indeed �real� statutes that outline the justifications for a landlord to file an eviction notice with the court. The one she is probably trying to use is probably 2A:18-61.1 (d) which allows a landlord to file an eviction action when a tenant �has continued, after written notice to cease, to substantially violate or breach any of the landlord's rules and regulations governing said premises, provided such rules and regulations are reasonable and have been accepted in writing by the tenant or made a part of the lease at the beginning of the lease term.�

Does your written lease state that no pets are allowed? There are probably some good equitable arguments, particularly of you have had the dog since you moved in, and if other tenants also have dogs, but I would need to review your lease and get some more specific information.

Feel free to contact my office for a free consultation if you wish to discuss this further.

Frank

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Answered on 3/14/07, 6:23 pm


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