(Housing and Tenant Law) Pet Ownership in Month-to-Month Rent w/ Prior No Pets Lease?

by **alleyne** » Tue Dec 20, 2011 1:09 pm

I need some advice from those familiar with United States or Indiana housing and tenant law. I have been renting a home for a few years. I was under a lease, which stated "no pets" however the lease expired and my landlord has not made an effort to bring a new one for me to sign, so I assume I am month-to-month, is this right? I've been wanting to get a cat for companionship and due to mental health reasons (major depression), but I'm hesitant to approach my landlord and get his approval. I'm not sure how he would react, my prior lease said no pets, however he leases out 2 other homes (of the same age and condition) on my street to tenants with known cats/dogs in both homes. Also, I'm a good tenant and have made a good faith effort to pay rent on time and kept my home clean and repaired any minor damages made. However, what is the legal policy for month-to-month rent with a prior lease (no longer in effect)? If I were to quietly keep a cat, could he evict me if he were to find out? If so, what would be my legal options, under my circumstances, in addition to verbally working it out?

by **bedyw25** » Tue Dec 20, 2011 1:19 pm

You are correct, you are month to month, under the exact same terms of the lease. Those are the terms until there are new terms signed.

If you bring an animal into his property without consent he can both evict and sue you for it.

You need to get his agreement in writing, as he already has your agreement without animals in writing.

Expect a pet deposit and pet rent.

by **hjortur** » Tue Dec 20, 2011 1:30 pm

Indiana state law clearly states that while the lease has expired, it's terms and conditions remain in place...only on a month to month basis. In other words...if your original lease stated "no pets"...that rule remains in place unless it's agreed to be changed by both parties.

So, yes...you can be evicted for violated your lease.

BTW...if you read the fine print of your lease...you will most likely see this.

by **benon** » Tue Dec 20, 2011 1:36 pm

Indiana state law clearly states that while the lease has expired, it's terms and conditions remain in place...only on a month to month basis. In other words...if your original lease stated "no pets"...that rule remains in place unless it's agreed to be changed by both parties.

So, yes...you can be evicted for violated your lease.

BTW...if you read the fine print of your lease...you will most likely see this.

Your assumption that the lease is not in effect is questionable at best. Read it. Most leases will have a clause that calls for a month to month lease, but with all the prior terms in force (except the length of the lease) until changed by agreement.

by **tiernan** » Tue Dec 20, 2011 1:38 pm

Your state law probably provides for automatic renewal of "the lease", except as a month-to-month tenancy rather than for a fixed period, with everything else being the same unless contradicted by state law. For instance, you might have a 60-day notice period in a lease, but a state law that limits it to one month in a month-to-month tenancy.

Because you have not specifically negotiated a DIFFERENT agreement, you should assume you're still bound by the terms (to the extent they apply) of your old one.

You can be evicted upon 30 days notice anyway, now that the lease is gone, and they don't have to give you any reason.

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