Landlord is Not Enforcing Pet Restrictions in the Lease

My question involves landlord-tenant law in the State of: Vermont

Hello:

Im looking to possibly get further information about my title of this post. I live in a mobile home park and own my own mobile home. Property management is not enforcing the mobile home property lease. There are many issues from cats running around and being on my property, going underneath my tool-shed and my front steps to my home to do there business, i have also had property damage done to my tool-shed to my lawn looking terrible because of cats doing there business on it to cats being on my vehicles and having scratches on them. There is loud noise levels from neighbors at all times of the day to early morning hours, during the daytime hours and late at night. Neighbors parking in the middle of the roadway so you have to go way off the side of the road to go around to get by. This is only a very few of many, many things that go on, but the pet and noise issue is probably the biggest problems. Our local pet control officer says that there isn't anything he can do because the park is private property and that the property management needs to take care of it because it is stated in the lease. Calling local authorities in the past isn't the answer either. Sometimes they have shown up, sometimes not and the issues when they have been called have not been resolved. I have called property management, i have sent them e-mails about multiple issues over the last 3 to 4 years.....YES, 3 to 4 years and all of these issues still continue. I have saved all e-mails so i can personally document everything myself. Property management reply to the e-mails probably at 25% of the time at best and calling to talk with the property manager and receiving a call back is about the same percentage at best as well. I pay my lot rent every month on time and never late, which i always mention to them. I have come to the point where i have had thoughts about relocating or perhaps buying a piece of land, but unfortunately at this moment i cannot afford to do so, so i feel like im kind of stuck here for the moment. I have had a couple of friends mention about looking into getting an escrow to put my monthly lot rent into until these issues are resolved, but then i have had a couple of friends tell me that it would not be worth it to do so. So im here looking for suggestions on what could possibly be done because in all honesty, the mobile home park has gotten to the point of being out of control. Again there are many more issues that are taking place and these issues are indicated in the lease that should not be happening, among the ones i have already mentioned as well, but i just wanted to give a few examples. Thank-you for your time.

Your landlord is free to let other tenants have pets, even if their leases state that they cannot have pets. Different tenants can have different leases, different lease restrictions, different rates of rent, etc. Even if we assume that every lease forbids pets, it sounds like your landlord doesn't care that people have cats.

Mr.knowitall:

I can tell you this if this is to any value.....#1. Everybody in the park has the exact same lease...exact same rules...its the same for everybody, that is what i have been told straight from property management.....#2. Yes people can have one cat per household, but it clearly states in the lease that either cats need to be kept indoors or if are let out, then need to be on a leash...and not roaming freely throughout the park. Do you have an opinion on the escrow option that i have mentioned? Thank-you.

If you live in a trailer park where many residents are young, unemployed or underemployed this is normal. If the cats do not have shot tags, they are likely feral. If management elects to not enforce regulations your best outcome is to sell your trailer and move elsewhere.

Disagreeable:

You are partially correct with the unemployed thought, which has gradually gotten worse over the last few years, however i still personally feel that i should have some kind of rights, especially when things are in writing and supposedly everyone is suppose to be following the exact same set of rules. Would you have an opinion on the escrow thought that i have been told about? Thank-you.

I would say you are poking a hornets nest. I do not see anything requiring them to renew your lease. They could argue it is you causing problems with other tenants. This is about the only thing they are required to do:

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§ 6262. Park owner obligations; warranty of habitability; rules

(a) In any lot rental agreement, the park owner shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises which are safe, clean and fit for human habitation. This warranty requires the park owner to provide adequate and reliable utility services, including safe electrical service, potable water, and sewage disposal to a location on each lot from which these utilities can be connected to the mobile home. The warranty also requires the park owner to assure that the roads, common areas, and facilities within the mobile home park are safe and fit for the purpose for which they were reasonably intended.

(b) The department, in cooperation with the agency of natural resources, the department of public safety and the department of health, shall, by rule, adopt standards for safety, cleanliness and fitness for human habitation regarding the rental of a mobile home lot within a mobile home park.

(c) No rental agreement shall contain any provision by which the leaseholder waives the protections of the implied warranty of habitability. Any such waiver shall be deemed contrary to public policy and shall be unenforceable and void. (Added 1993, No. 141 (Adj. Sess.), § 11a, eff. May 6, 1994; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2007, No. 176 (Adj. Sess.), § 72.)

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http://www.leg.state.vt.us/statutes/...&Section=06262

Cats always seem to be a problem in trailer parks. As was mentioned above many are probably wild cats that hang out in the park for food and shelter. In a park where I lived in the past a non-profit org came through and caught many of the cats and had them fixed so they could not reproduce but then released them back into the park. It did not stop the cat problem but was meant to keep it from growing.
You could consider getting some live traps and any cats you catch taking them to the local SPCA or animal shelter. I'm pretty sure it's illegal to catch them and just release them in the woods somewhere else but may be ok to take them to a shelter.

Does your lease guarantee that management will keep the park free of cats? This is different from prohibiting you from having cats.

This is what the lease says word for word....."No pets or animals shall be permitted within the mobile home park or mobile home, with the sale exception of small birds, fish and one (1) cat per household. Pets shall be kept indoors at all times; cats shall not be allowed to run free within the mobile home park". "If a tenant has a pet in violation of the mobile home park rules and regulations or if a pet becomes a nuisanse or dangerous to other tenants, owner may have the pet removed from the park and boarded at an appropriate facility. Owner shall attempt to notify tenant, within twenty-four (24) hours of the removal of the pet, of the location of the pet and the per diem cost of keeping the pet at the location. If the pet is not claimed by tenant within ten (10) days of the notice sent by owner, owner is authorized to dispose of the animal, and shall bear no liability whatsoever for doing so. Tenant agrees to pay all costs associated with any removal including but not limited to, boarding, care and feeding, and disposal of the pet.

Here is also the section of the lease that mentions about noise, which is an ongoing issue..........

The tenant shall be responsible for the conduct in the mobile home park of the tenant, tenant's family, agents, guests or any other person in the mobile home park. Said individuals shall not engage in any conduct which adversely affects any other park resident, or the operation of the mobile home park. Tenant will be required to respect the privacy and lot lines of other tenants lots. Loud noise, music, etc. whether mechanically or naturally produced, is to be kept at a level where it does not interfere with the quiet peace and enjoyment in other park residents mobile homes. Intoxication, or violations of law which create hazards of health, or safety to other tenants of the mobile home park, or which create a public, or private nuisanse will not be tolerated. Complaints from other tenants that there has been a violation of this section shall be considered a substantial violation and may be sufficient grounds for the owner to commence eviction proceedings for termination of this lease agreement.

Again, the fact your lease says no pets doesn't mandate it be enforced against others. It gives authority for the owner to restrict pets, but doesn't require them to do so.

Well i understand what your saying, but im not sure i fully agree with you, unless im not understanding something with how things are worded. It just seems to me that its pretty cut & clear.....Each tenant can have one cat.....If you have a cat, it must be kept indoors at all times.....Cats shall not be allowed to run free throughout the park.....If a cat does run free throughout the park or becomes a nuisanse, the owner can have it removed.....Now i will admit that this has not happened, which brings me to the question and thought of how much this lease is followed and in effect, which when i always bring up this question to property management they tell me of course that it is in effect, but this goes along with the noise and other issues here. As far as stray cats or anything like that, this is a small park with only a dozen mobile homes, so its small enough to know basically who's cats are who's and stray cats here are very rare.

Define the difference between a stray cat running free outside and an owned cat running free outside, absent a collar with ID on it. I have known people living in trailer parks that feed strays and allow them in their home from time to time.

Well no disrespect, but there is a difference in my opinion.....But the main point is the cat in particular is not a stray cat, i can 100% say its owned by the neighbor and is not a recent addition.

So now we have gone from CATS to CAT and it only involves your neighbor.

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Quoting Den

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Well no disrespect, but there is a difference in my opinion.....But the main point is the cat in particular is not a stray cat, i can 100% say its owned by the neighbor and is not a recent addition.

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Primarily, yes.....However, there is two other tenants that also contribute to this problem, there just not in my area of the park, but that does not mean that there cats are not in my area...just not as often. I have witnessed myself and also have several photos of other cats as well whether on my vehicles, doing there business on my property, and doing just general property damage...but yes, the one cat in particular is the main problem.

owner may have the pet removed

It says the owner MAY take action. It does not say the owner MUST take action. It is the owner's opt whether to do so or not.