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I'm being evicted for violating my apartment's no dog policy. I have no dog.
Post Body

I am not the original poster. This is a repost sub.

The original poster is u/wheremydogat. Originally posted on r/legaladvice, also ended up at r/bestoflegaladvice. Some relevant comments gleaned from BOLA.

I'm being evicted for violating my apartment's no dog policy. I have no dog.

https://www.reddit.com/r/legaladvice/comments/9spqbh/ny_im_being_evicted_for_violating_my_apartments/

I've lived above my landlord on the top floor of a legal 2 family triplex for the past ~3 years. We share the bottom floor (laundry, bike storage, small home gym) and both live alone.

It's been a pretty ideal situation - we get along really well and he's been an awesome landlord. I'm also really cognizant about being a good tenant.

So it was a total surprise yesterday when I received an eviction notice (labeled 'notice of termination') along with a copy of my lease with the section forbidding pets flagged and highlighted. It was sent via certified mail and says I have 30 days to vacate.

I thought he was fucking with me at first (like I said we're cool and I don't have any pets) so I went downstairs to congratulate him on almost getting me.

He was not cool. He was really pissed and began ranting about my dog and how it's barking and running around has been keeping him up at night. I tried to refute this and it only made him angrier. He says he sees me walking the dog (a golden retriever named Steve) multiple times a day. Also he says we've had conversations about the dog and that I've been rude and aggressive when he tells me it's a violation. And worse, I asked him to walk Steve when I would be coming home late from work and he has the texts to prove it which he said he already sent me when he warned me (also via certified mail) that I needed to get rid of Steve.

I seriously 100% swear I don't have a dog and I have no idea why my landlord suddenly thinks I do.

Is this something I should/can fight?
Do I need a lawyer?
How do I even prove I don't have a dog??

Thanks.

Edit:

Okay - so he just texted me in all caps "YOU GOT ANOTHER ONE??"

I asked him what he's talking about and he said that he's watching me walk TWO dogs right now and waving at him through the window.

It's 3PM on a Tuesday and I'm at work. Not walking dogs.

I really hope this is a fucked up prank (maybe would be kinda funny looking back) but I think I'm gonna stay with a friend tonight

Edit 2:

I really appreciate everyone's help/support - and I'm trying to respond to all of your comments (especially since I haven't left this post pretty much since I made it).

Sorry if I'm missing any but wanted to just say a blanket thanks because all this calm & rational advice is keeping me from totally freaking out right now.

Also my friend I'm staying with tonight has a dog (not named Steve). Maybe I'm just delirious after the past day but I find that really funny.

Edit 3:

I need a break. This got very, very real - much more than I honestly expected. It seems obvious now that this is very not normal or okay, but I guess I really didn't want to see that and instead focused on the eviction itself and the sort of amusing dog thing.

I'm not really thinking rationally anymore and I can't help myself or my landlord until I clear my head a little.

I texted the contractor we're using for the reno to make up an excuse and stop by to check on him (just in case) and then tomorrow I'm gonna take some action.

Thanks again, r/legaladvice. Both for the advice and letting me release my dumb stream of consciousness while this all sunk in. I get stuck in my head a lot so I think I needed this post to talk it out.

Relevant Comments:

  • I never saw the texts or received the first letter he mentioned - yesterday is the first time I've ever even heard anything about the dog.
  • I am in NYC. Not a month to month tenant - actually just signed a new 2 year lease in August and am in the middle of a (approved and jointly funded) bathroom renovation.
  • He smokes [pot] (we've smoked together) but it never seemed excessive or anything.
  • Commenter suggests CO poisoning. OOP: He's a very responsible and organized landlord so I'd be very surprised if it was CO (as in, my next post would be how do we sue the company whose product failed so hard it couldn't detect the one thing it's designed to detect) I mentioned it a few places in the comments, but I know for sure that my unit and the common floor both have CO detectors so his most likely does as well. He keeps spreadsheets with the dates things are installed and any batteries changed. There was also a page in my lease from August with this info included for the CO detectors (and other safety appliances) and his signature that they were tested and functioning. I was starting to believe it could be CO a few hours ago when everyone was suggesting it but after thinking about it it's pretty unlikely.
  • He’s okay right now (our contractor/friend pretended to check something) and even though my roommate warned him about the (crated. Also back to singular) dog, he's calm and otherwise totally himself. Our friend stuck around for a drink and is probably gonna pretend to get drunk/fall asleep so he's not alone which is awesome of him. Still feel like a shitty friend but I'll make up for it tomorrow.

[Update] My landlord thinks I have a dog named Steve

https://www.reddit.com/r/legaladvice/comments/9v5dej/update_my_landlord_thinks_i_have_a_dog_named_steve/

So - first off I wasn't totally honest about my relationship with my landlord. This was probably pretty obvious the more I commented but we're actually really close friends. Like I spend holidays with his family. So yeah, that's how I knew he wasn't just fucking me over to get more money.

Anyway, I met with a lawyer. I like him. He basically said the same thing as everyone here - NYC is really tenant friendly, and if this makes it to court (unlikely, you'll see why) it won't be hard to fight. I don't think I'd want to fight though. I probably have nothing to worry about but I would just peacefully move if it does happen.

The rest of this update isn't very legal. Sorry if that's against the rules.

So - I ended up calling 311 instead of Adult Protective Services since Google gave me a few different numbers. I must have described the situation really badly because they transferred me to Animal Care and Control twice and then I was distracted by a fire at work (that's not jargon - we were evacuated because of a fire on another floor. The story is they were making s'mores in a conference room).

This wasn't a call I wanted to make surrounded by all of my coworkers while we stood around outside so I texted his sister instead and we made plans to talk later. Long story short, she'd gotten some weird messages from him lately (like him congratulating her on a promotion then getting angry when she had no idea what he was talking about). Once she heard about Steve and the eviction, she made plans to fly out to us the next day.

This is getting long (sorry), so jumping a bit - she told him some story and convinced him to fly back to CA with her. Before he left he apologized for blowing up at me and said that we could talk about the dog when he got back and try to work it out but that it was shitty that I did it behind his back especially when it was against the lease and he couldn't rent to someone he couldn't trust.

I asked his sister about the eviction (just in case) and she said of course I wasn't evicted and to just hold down the fort.

Anyway - so he's at a place near his family being treated now. I don't know what for and I don't really care as long as he's getting better. That's his business and he'll tell me if he wants to. I just want him to be okay and it looks like he will be.

(I do know it's nothing environmental because I've had the whole place tested for everything. Also I've been staying there and I'm still fine.)

His family is awesome and reaching out to me almost daily. I haven't been able to talk to him since he left, but hopefully soon. I'm also going there for Thanksgiving so I'll most likely even get to see him.

And when he's back we can maybe start looking for our new dog Steve.

Thanks again for all the help. Not trying to sound dramatic but I'm not sure if I would have done the right thing if I hadn't posted here.

Relevant Comments:

  • I'm not really sure what happened when he got home (and I'm hearing everything secondhand now), but his mom told me that he was very receptive to getting help and I don't know how that could be anything but good.
  • They're not giving me detailed updates or anything. They're just reaching out to me (especially his mom) to keep me in the loop because they know I'm worried and also see how I'm doing with everything.
  • So - this might not make sense, but I kinda felt bad when he said he wasn't mad about Steve but about me going behind his back (even though I don't have anything to feel guilty about lol). Anyway I think adopting a dog will be great for everyone but now I'm definitely waiting until we can go get him together.

[Update] My landlord thought I had a dog named Steve. Now he knows I don't, but we will soon.

https://www.reddit.com/r/legaladvice/comments/aqqoys/update_my_landlord_thought_i_had_a_dog_named/

Hey r/legaladvice - it's been a while and a lot has happened. None of it is a legal thing anymore but just some crazy shit in my life so sorry if it's not as interesting.

I know some people were hoping for a twist though and I can kind of deliver. Not really (it's not CO) but I'll explain. This is probably gonna be really long so sorry in advance.

So - last time I updated my landlord was across the country with his family and even though I was talking to his mom almost every day all I knew was that he was getting help. Turns out she was being purposefully vague until I got there for Thanksgiving so she could tell me what was actually going on in person.

So basically, he wasn't immediately diagnosed with a mental illness (as it was explained to me he's on the older end to start showing symptoms so he went to a lot of doctors). At some point early on he had an MRI (I think) on his brain and they found a fucking tumor in there. So yeah that's fucking insane and terrifying and yeah I was really glad I didn't hear that over the phone.

So - here's the thing. The tumor is confirmed definitely 100% not the reason he hallucinated Steve The Dog and why I'm not calling it a real twist (sorry). It was too small and not in the right place - he didn't have any symptoms from it, not even headaches.

So basically the tumor was a huge coincidence, which totally blows my mind and I can't stop thinking about it even months later. Because if he hadn't had those hallucinations then he wouldn't have had the MRI so soon and it wouldn't have been caught so early and then who knows what would have happened to him right? Scary shit. Get checked out regularly, guys.

Oh also it wasn't cancerous but it would have still been dangerous unchecked. They were able to totally remove it though because of how early it was caught so yeah, really lucky. Thanks for looking out Steve. You're a good boy.

I know people want to know what actually caused the hallucinations but I really don't know. I think I mentioned before that I'm not asking for specific details (not my business). Sorry guys but I'd feel like shit if I was him and I didn't have the option to tell people really personal shit like that myself. I'm sure he'll tell me when he's ready.

Anyway gonna start wrapping this up (thanks for sticking with me), but I actually stayed in CA for a while so I can definitely say that after brain surgery, therapy, lots of meds, and everything else he's doing great - you know, all things considered. Still dunno when he's coming home but I don't think it should be too much longer.

I got to visit him a lot when I was out there though, which was awesome because it was proof he was really okay, you know? At first he didn't want to see me because he was kinda embarrassed I think, but I was like stfu it's not like you don't have shit on me too and he got over it. He's also on board with getting a real Steve, so I've started looking for the perfect dog for him to come home to. Or maybe I'll wait for him. I dunno. Still deciding.

So I guess that's it. Thanks again for all the great advice, help, and support through this crazy ride. If this makes it to BOLA I'll see you there.

Relevant Comments:

  • I still kinda feel like I let him down by not noticing shit was wrong sooner (looking back he was definitely off before the dog thing but hindsight right) so that means a lot.
  • It's funny - now everyone (like, me, his family, etc.) is talking about Steve like he's real but just hasn't gotten here yet. I think we'd have to get him no matter what now.
  • He knew me right after I graduated college (guy's a few years older than me). An invisible dog is nothing on the shit I've repressed that he definitely remembers.

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