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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Eviction After a Tenant's Dog Got Loose

    A tenant in Oregon is being evicted because her dog got loose. The dog was on a leash, but managed to slip its collar and was loose for about ten minutes. The dog is a pit bull, but it is gentle. It didn't threaten or attack anybody. Meanwhile, the landlord doesn't care that the neighbor's miniature poodle runs around the community without a leash, so the landlord is applying a different standard to large dogs (or pit bulls).

    What are the tenant's rights?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Eviction After a Tenant's Dog Got Loose

    The tenant is not excused from a community rule against letting dogs run loose, either because the dog got loose accidentally or because a neighbor is violating the same rule. However, if the tenant can show that the landlord routinely lets other neighbors ignore the rule, the tenant may be able to convince a court to deem the rule to have been waived by the landlord. (That's not a given -- just a possibility.)

    To evict the tenant in court, the landlord must prove more than that the dog slipped its leash one time. They must prove at least one prior violation after which the tenant was legally served with a properly worded notice, warning of eviction for possible future violations, and that the tenant committed the same violation within six months of the most recent notice. The landlord must also prove that the tenant was properly served with a ten-day notice to quit based upon the lease violation.

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