Serious dilemma here...

My wife and I have signed a lease from August 1st 2014 - July 31st 2016 for a house. We specified that we would be bringing two cats, but the fact that I have one snake never came up, and since it's never been a problem I didn't think about it. We moved everything over in the Uhaul yesterday, but spent last night at our old place getting ready to clean up and finish moving out. Well she noticed the snake (my boa) when she was over there last night finishing up renovations, and is so shocked and appalled that we didn't mention the snake, that she says we are not trustworthy and that she will let us stay there for 30 days and we have to leave at the end of August. Well I've already taken the snake out of there, so we are no longer in violation of the lease (which technically hasn't even started yet. I mean she signed the lease too, and if she has no basis to evict us, can she really kick us out?

7/31/2014 7:05:15 AM

you'd think that with a name like RattlerRyan, she'd have known...

in all seriousness, i don't see how she could, since the lease hasn't started and you're not in violation (though having a snake could be, if the lease specifies that all pets have to be cleared by the landlord)...perhaps there's a clause in there that would allow her to cancel your lease altogether before it starts?

which county are you in? NC as a general rule is very landlord-friendly couldn't give two shits about renters

7/31/2014 7:49:16 AM

i dont even

7/31/2014 8:31:56 AM

It would suck to move all your stuff again, but if she's flipping out over that on day one and trying to evict you, she's probably going to be a highly unpleasant landlord. Maybe you're better off moving elsewhere.

7/31/2014 8:56:26 AM

Do you really want to deal with her crazy for the next two years? I'd get something in writing from her stating that you will get your deposit back if you move out as she has requested, and then try to find a place with less crazy.

7/31/2014 9:14:32 AM

^+1

Though, I would confirm what quagmire says about whether you were required to declare any and all pets. If it isnt req'd, I would try to reason with her politely to inform her that you diligently read the contract like a good tenant and didnt see an issue if for no other reason than to try and gain some time to find a new place. As to whether shecan evict without an official cause, does the contract include the normal boilerplate about the landlord having full rights/authority to evict without reason?

7/31/2014 9:20:10 AM

It depends on the lease. If the lease says you must get her approval for any and all pets, then you tried to violate the lease. Of course, by removing the snake promptly you negate the breach...which means it is she breaking the lease, not you. As such, if you make her take you to eviction court, you will most likely win.

But, why the hell do that? Try to calm her down and honor the lease as written. Do not stand on your rights, do not become hostile, do not threaten to make her take you to eviction. Just be gentle and play the victim. You really like the house, you're really sorry, blah blah blah. If you can't convince her, then I would try to move after the month. A hostile landlord is a hassle I'd happily move to avoid. She is clearly crazy and there is enough crazy in life. Since it will only be for a month, if your stuff is in storage leave it there. After you move out, sue her for the storage cost and extra moving expenses.

7/31/2014 10:07:59 AM

Rattler: You don't have to move. Stay can probably stay put. I am a landlord.

To evict you, she is going to have file papers with the court that indicate you are in violation. She will claim that you breached a condition of the lease. Technically, you 'likely' did. It depends on what the lease says, specifically, about pets. However, most judges do NOT want to give procession and kick someone out when the tenant gladly complied. You will tell the judge it was a misunderstanding, that you didn't consider a tanked pet, similar to goldfish, to be in violation as they don't have any negative effect on the home. He will likely rule in your favor, and her complaint in summary ejectment will be denied. If he rules against you, then you'll have to pay the court costs for her (around $150) plus any rent you owe. He could also claim your breach constitutes default on the entire lease, which could mean you owe the entire rent amount. You'll be given 1 week to move out.

However, you need to make sure you comply with all rent, immediately when it is available, and give her no other legs to stand on. As the post above mentioned, be very kind to her, apologize, and tell her you plan on honoring your lease. Remember that everything you say and do will likely be told to the judge. If you can record you conversations, I would suggest it. If she distorts anything at small claims, then you have the recorded conversation.

Or, as other stated, you could work out an arrangement to move. But I wouldn't do that unless she plans on discounting your rent to make up for the moving fees, and you have in writing that your entire deposit will be returned and that you are being released from your contract, with no money owed. Otherwise, she could file in small claims court that you abandoned the house and owe the full amount of the lease.

[Edited on July 31, 2014 at 10:31 AM. Reason : .]

[Edited on July 31, 2014 at 10:34 AM. Reason : .]

7/31/2014 10:24:29 AM

Quote :

"that you didn't consider a tanked pet, similar to goldfish"

It would be hard not to chuckle in court at this one. When's the last time your goldfish escaped and strangled someone to death?

And I'm not knocking owning pets as snakes and I do think the landlord may have overreacted.

7/31/2014 1:15:06 PM

Not a lawyer, but what CarZin said is what Ive always heard. Theres due process and she needs to follow it. If she doesnt, you have the right to also follow due process and claim damages for loss of dwelling.

Read your lease properly and see what it says, if it says "pets" then its pets. If it says "2 cats" then you were in violation technically. If nothing is said, and you had a verbal agreement, then its your word against hers, see what you can get in court. If you have to declare them that language should be in there. Some places have it some dont.

7/31/2014 1:50:17 PM

Quote :

"If nothing is said, and you had a verbal agreement, then its your word against hers, see what you can get in court."

if it comes down to "he said, she said", the renter will lose, end of story...ESPECIALLY if it's in wake county (or any county with a high student population)

7/31/2014 1:58:08 PM

^ Correct. But, again, if the renter complied immediately with the landlords request, I think most judges are going to rule in favor of the tenant, especially if the rent is being paid. There is probably a stipulation in the lease that gives the tenant a period of time to be in compliance if they are found not to be in compliance.

This is not an egregious breach.

[Edited on July 31, 2014 at 2:07 PM. Reason : .]

7/31/2014 2:05:49 PM

Thank you all for the insight. The rest of the day deteriorated into her turning into a complete psychopath playing private investigator trying to dig up everything on me including our marriage details. Like many of you concluded, we figured it was best to get out of there. Barely short of a miracle, we were able to secure an apt that afternoon, secure a Uhaul, move everything out of her place (all of this in the pouring rain of course), get our deposit and one month's rent refunded in cash+money order at midnight, and moved into the new place. I went 36 hours without sleep and still can't feel most of my back but at least I don't have to deal with a raging psychopath for the next two years. To my knowledge she violated the Americans with Disabilities Act by failing to reasonably accommodate my wife who is presently disabled and the Fair Housing Act by pressing us by asking for details of our marriage (protected class) because she started thinking that maybe we weren't really married, even though we signed the lease without her checking our ID's (not our fault she's a dumbass). Needless to say we'll see her in court.

8/4/2014 11:54:46 AM

This sounds so much like a previous boss of mine, who was a raging psychopath and owned rental property. If it was her, you are lucky to be rid of her and I'm very glad you found another apartment quickly. You can PM me if you want the name. I think she owns stuff in Chapel Hill and Durham.

8/4/2014 12:23:21 PM

Quote :

"Needless to say we'll see her in court."

If you have all your money back (you said you got deposit and one month's rent), then why are you wasting time in court??

8/4/2014 1:02:45 PM

to lose said money

8/4/2014 1:07:14 PM

PM me her name too plz

8/4/2014 1:29:28 PM

yeah, the most i'd waste is a little time with some bad facebook and google reviews

8/4/2014 1:29:51 PM

At the very least I want the money back for the second Uhaul and the money lost on the utilities that I setup and had in my name for several days that I never used (but I'm sure she has) and my lost wages for three extra days that I would have otherwise worked. Anything above that would certainly be gravy on the mashed potatoes, but if ever there was a call to get a little something for pain and suffering, especially for the physical/mental toll it exerted on my wife who is already disabled, this would be the time.

[Edited on August 4, 2014 at 1:35 PM. Reason : ]

8/4/2014 1:34:52 PM

armchair lawyer here to say that if you just up and left at her request, i don't see how much you can reasonably expect to get in court.

8/4/2014 2:01:02 PM

i would ask for her to pay moving expenses

8/4/2014 2:07:35 PM

Quote :

"Thank you all for the insight. The rest of the day deteriorated into her turning into a complete psychopath playing private investigator trying to dig up everything on me including our marriage details. Like many of you concluded, we figured it was best to get out of there. Barely short of a miracle, we were able to secure an apt that afternoon, secure a Uhaul, move everything out of her place (all of this in the pouring rain of course), get our deposit and one month's rent refunded in cash+money order at midnight, and moved into the new place. I went 36 hours without sleep and still can't feel most of my back but at least I don't have to deal with a raging psychopath for the next two years. To my knowledge she violated the Americans with Disabilities Act by failing to reasonably accommodate my wife who is presently disabled and the Fair Housing Act by pressing us by asking for details of our marriage (protected class) because she started thinking that maybe we weren't really married, even though we signed the lease without her checking our ID's (not our fault she's a dumbass). Needless to say we'll see her in court."

She was probably asking for your marriage info to find her maiden name in order to take both of you to court if she had to. Nothing unusual about that.

I say it's a net loss for both of you. She will lose a month's rent in trying to find a new tenant. You had to rent a U-haul for $20 or $40 (but you still got your deposit and rent back). Seriously, don't drop the ADA and FHA crap. Get over it. Leave a review on Google but don't slander. You have a large freaking snake and didn't tell her. Her concern is well founded - large Boas are hazardous to small pets and infants.

8/4/2014 3:48:03 PM

Dude, here is the skinny on your situation.

Yeah, you probably violated the lease terms but it is going to cost her so much time and effort to get you out that she probably won't do anything. Yes, the landlord can terminate the lease anytime they want, but you have to be given a period of time to move out.

Your lease should state how long you have to move out. As long as you are paying the rent I'd say its at least 30 days.

-She has to tell you that your lease is being terminated
-she has to wait the 30 days
-if you don't move, she has to go down to the court and file papers
-the sheriff has to deliver those papers to you. She has to pay the sheriff to do this
-a court date will be set. This will take forever.
-A hearing will be had. You will either win or lose. Probably lose. You have 10 days to appeal
-You then have a number of days to move out before the sheriff can padlock the house

Long story short, this is like a year long process. So, i'm sure she will overlook the snake if you make it an issue. If you go the legal route, just make sure you pay rent during the entire thing or you may have a judgement placed against you.

8/6/2014 10:27:09 AM

Quote :

"Dude, here is the skinny on your situation. "

That's not his situation anymore...did you not read the rest of the thread?

(interesting info all the same tho)

8/6/2014 10:46:32 AM

Quote :

"Long story short, this is like a year long process"

No. In fact, it should take less than a month. County depending.

Recently, I filed for an eviction on Thursday. I had a court date set for the following Tuesday. I won possession the following Tuesday then they had 10 days to appeal. They did not. The following Friday, I filed for a Writ of Possession. The Sheriff's office called me the following Monday, and scheduled to meet me for formal eviction the following Monday.

So, total time was about 3 weeks. Not a year. North Carolina is very landlord friendly. Go to a place like California, things change.

8/6/2014 10:54:34 AM

Sounds like a nutty landlady.

Glad you did not have any trouble getting your deposit back. Look on the bright side you found out she was a psycho bitch before even unpacking, and got to get out of the situation.

8/7/2014 9:18:50 AM

Be sure to get your 19.99 back for that uhaul

8/7/2014 2:38:46 PM

The judge is probably going to say you consented to the resolution by moving out and accepting the deposit back and being released from the lease.

Its not really worth going to court for.

You could leave a copperhead in a bucked on her porch if you know where she lives though. jk.

8/7/2014 2:52:22 PM

Quote :

"Needless to say we'll see her in court."

I probably would not take the time to sue her, but I believe you most likely will win something in court. Probably not the fair housing or disabilities act complaints, but probably the extra moving expenses/utilities/etc. Even then it is uncertain depending on the judges mood. As ^ says it is possible the judge will declare the case settled by you accepting the return of your money. However, unless the check says "paid in full" or some-such on it, this is not the kind of case where such payments are considered settlements.

[Edited on August 8, 2014 at 10:32 AM. Reason : .,.]

8/8/2014 10:29:35 AM