Legal Question in Landlord & Tenant Law in New York
We have lived in our mobile home community for 4yrs. The landlord lives out of state so there is a park manager that lives in the park. 2yrs ago the park manager had let all of us know that the landlord is allowing small dogs. All we had to do is fill out paperwork and turn it in with a picture of the dog which we did. So on my son's 7th birthday we got him a small dog. We have had this dog for 2yrs now. We are all attached especially my son. The landlord has just sent us a letter saying that we have to now get rid of the dog and that it's a violation of the lease. There are many neighbors that have also gotten this letter. Can they do this now? My son is going to be so heart broken if we have to get rid of his first pet now. We do rent our mobile home, we have been late from time to time but our rent is always paid.
1 Answer from Attorneys
Do not get rid of your dog.
If the landlord starts an eviction proceeding you explain to the court as you did here and bring the paper (get a copy).
There is something in the law called "detrimental reliance" where you rely on a promise to your detriment.
The manager acts as the landlord's agent so whatever the manager agreed to the court will find that the landlord agreed to.
The worst case scenario is the Judge will tell you to get rid of the dog so do not jump and get rid of the dog now. Wait it out. Also, it doesn't matter if you were late from time to time.
I hate to hear about these situations with the animals.
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