Legal Question in Landlord & Tenant Law in Illinois

I live in an apartment building and dogs are not allowed. except for a small dog that was grandfathered in at least that is what we were told. We have been here for five months, This week a new tenant moved in, she has a dog, so we inquired again because we thought the policy might have changed. We have been told that the tenant has broken her lease and the dog can not stay but the dog is still here . Our question is if the dog is allowed to stay, can we legally be prohibited from having a dog when another dog has been premitted to stay in the building. Thank you Julia King


Asked on 11/12/09, 1:48 pm

3 Answers from Attorneys

Sal Sheikh www.BetterCallSal.com

Getting your neighbor in trouble for having a dog. Shame on you!!

Your neighbor is breaking their lease and if you do the same you will also be breaking your lease, giving your landlord grounds for eviction.

Don't ruin your neighbors day because you can't play too.....

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Answered on 11/17/09, 2:09 pm

Well fair is fair and if another tenant is violating the rental building's rules, then no, it's not fair to everyone else. People sign leases before they move in and are supposed to abide by the terms. If the management personnel are giving certain people preferential treatment, then that is not appropriate. It's really bad business frankly. You could always write to the management company asking for an exception to your lease to allow you to keep a small dog -- but if they refuse, you have very little recourse other than finding another apartment.

If you have any further questions please do not hesitate to contact me.

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Answered on 11/17/09, 2:36 pm

You want a dog too? One thing is curious. You say the dog is "grandfathered in" which seems to suggest there was a time when dogs were ok. While you say it's an apartment building is it a condo building where there are a lot of rental units? Reason being is that if there is an association you might approach them about a rule change to allow say small dogs. Otherwise you'd be risking becoming another "bad tenant". I'll bet that there are rules about noise, however, and if the neighbor's dog becomes a nuisance you can consider whether you want to complain about that too. But this is like trying to get out of a ticket for speeding just because the person who passes you was speeding!! When you break a rule the degree is of potentially little consequence!!!

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Answered on 11/20/09, 6:53 pm


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