Does the Landlord have to have proof of pet in your apartment before they evict you?

Question

I have lived in these apartments for a year with a pet and most people have pets. I switched to another set of apartments ran by the same company about 3 weeks ago. I just got an eviction notice giving me two weeks to get out. It stated that our maintenance personnel have reported a cat at your apartment. Your rental contract states: NO PETS! Tentant(s) may NOT keep animals inside or outside the building. Noncompliance with the "no pets" clause will result in forfeiture of deposit and immediate eviction.

I was wondering if they have to have proof that I have a pet in the apartment? Alot of people have pets and I'm the only one whose gotten an eviction notice, so I feel wronged. Can they have me evicted for having a pet if they have no proof other than someone in maintenance seeing it?

Answer 1

If they bring the maintenance man to court and he testifies that he saw a cat in your apartment what are you going to do?  Lie and perjure yourself?  You can go to jail for that.

It's not fair that they appear to be singling you out.  However, it's legal.  If you call and say you'll get rid of the cat, they may let you stay.  If that's not a option (and it would not be an option for me), you've got to move.

Answer 2

You were caught, they weren't. Too bad.

Water bowls, cat smell and noise, complaints from neighbors, cans of pet food in the trash, empty kitty litter containers....

However, they can't usually force you to move unless you refuse to fix the problem by IMMEDIATELY getting rid of the animal. Three days is often the limit.

Answer 3

How did maintenance see your cat??

Did they come into your apartment to do some work?

If they want to, they can come into your apartment and see the cat for themselves as evidence.

Ummmm......boy this is a bad situation.

Good luck!

Answer 4

The maintenance man will be the landlords eyewitness.  His testimony would be enough to warrant the eviction.

Answer 5

The maintenance person is an employee and should report violations of the terms of a lease.  But if there are many people with pets and you are the only one to be notified then you might want to know why.  But just like running a red light can not be defended by noting that others have done the same thing.  I suppose you might have been selected to be an example to others.   Are the other pets you refer to things like fish, birds or other pets that are confined?  I  hope you can work something out.