Q: Im being evicted from my apt because my dogs collar broke&he got loose,neighbors do the same thing no eviction.fight it?
I had previously gotten a notice because my dog got out one night and I didn't know. We'll my dogs collar broke while I was walking him and the lady in the office saw and she wrote me up again and lied saying he was running the whole apts for ten minutes which resulted in a 10 day termination this time. Technically my dog was off the leash again but it broke off and it was only for one minute tops. My neighbors let their dogs outside without leashes all the time and the office is aware but doesn't evict them, I have a pitbull and they have a pomeranian and a chihuahua. I feel like they are evicting me and not them because my dog is bigger and is considered a scary breed. Could I fight this eviction for discrimination or would I lose because technically he was off his leash?
A: Whether a landlord pursues other tenants for similar alleged lease violations is irrelevant to whether you were in violation. If you fight it in court, the landlord will have the burden of proving the first violation, that they served you a lawfully worded notice which was lawfully served, and that you committed the same violation again within 6 months of the first notice, and finally that they served you another lawfully worded 10 day notice which was lawfully served. IF they can prove that, you likely will lose. If they cannot, you likely will prevail. It is not unlawful for a landlord to limit or discriminate against particular breeds.
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