Q: For Westchester County, NY.. can a landlord evict due to a dog. Landlord knew about the dog. Dog is Pit Bull.
Had the dog for some time. The tenant downstairs is complaining about the dog.
A: If the dog is not a service dog or emotional support animal and your lease has a "no pets" provision then the landlord has the right to evict due to a violation of your lease. If there is no such provision or if the landlord knew that you were violating the lease and allowed it to continue you may be able to defend an eviction proceeding. However, it will be your burden to prove that the landlord knew.
A: A landlord may be able to evict a tenant for harboring a dog if the lease contains a provision prohibiting dogs. If the dog is causing a disturbance to other tenants, this would be another ground for eviction. If the dog is a service animal this becomes a more complex situation.
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