Larry Landlord rents an apartment to Peter. Peter has one dog, a pug named Pickles. Larry agrees to Pickle living in the unit. He has Peter sign a lease agreement with a provision that allows for one dog and requires a $500 security deposit.

Six months later, Peter starts working longer hours and feels like Pickles has lost his pep. He adopts a chihuahua, Gherkin, to keep Pickles company. He does not tell Larry about having a second dog.

A week later Larry sees Gherkin through Peter's window while collecting the rent. He shrugs his shoulders and accepts the rent without saying a word to Peter.

After four months, Larry's wife, an avid cat lover, finds out about Gherkin and chastises Larry for letting Peter have two dogs on the premises. She demands that Larry evict Peter.

1) Can Larry evict Peter?

Yes and no. Larry could evict Peter for violating a term of the lease. However, a big issue that will come into play is the waiver defense. Peter will argue that Larry ratified his behaviour by continuing to take the rent even though he knew about Gherkin. Whether Peter detrimentally relied on Larry's behavior is a fact to be determined by the court.

The Rad Firm, APC can counsel you so that you do not make Larry's mistake. If you have any questions about managing your property, contact us.