Breach of Lease?

Question

In the state of Texas, do tenants have any rights in regards to breach of lease? It is stated on the notice that it is because the landlord was not told of my living in the apartment and the fact that we have a dog (ESA); we told them the dog is an ESA when they asked.

Answer 1

you are not a tenant with a contract, so you are a 'guest' of the tenant and establishing tenancy illegally along with your pet... the landlord can give the real tenant notice to leave and everyone in the household shall need to leave or the ll can give the tenant notice that by you being their they are breaching their tenancy and need the 'guest and pet' to leave... you and your pet are breaching the legal tenants tenancy

Answer 2

When a tenant breaches a lease, he has the right to move out with penalty.

This info is filed on his background record for future landlords to access.

Answer 3

You are residing in the renal unit. In this I take if you are did not sign or was added to the lease agreement.



You have introduced a dog into the rental unit that is not a service dog.



You have breached the lease agreement on at least two clauses of the lease.



#1. You are an illegal tenant.



#2. Apparently you have introduced an illegal animal into the rental unit. ESA animals are not a protected animal, they are pets. Only service animals are protected.



What rights do you think you have? You have violated the lease agreement.



I hope this has been of some benefit to you, good luck.



"FIGHT ON"

Answer 4

the lease should state how many people will occupy the place, this is mainly for safety's sake(in case of fire the firemen need to know how many people occupy the place to be sure someone is not killed in the fire

and the landlord may have a pet policy, to arrange for your service dog needs special attention

Answer 5

You never applied to the LL to be a tenant, you additionally moved in a pet without permission, you are causing the real tenants to be in breach of their tenancy, you need to leave

Answer 6

As others have indicated, YOU are the one in breach of the lease. You simply cannot move in at will without permission from the landlord, nor can you have a dog without permission.

Answer 7

I have been a landlord in Texas for more than 30 years. I have a right to know who is living in my property- to check out background for credit and legal stuff (for instance sex offender status). If anyone moves in and does not inform me I have rights of eviction. The pet is a separate issue. I would also need to know about that ahead of time. There is no law that allows you to move a dog in without telling me. Perhaps if you notified me the law may protect you but not without notification ahead of time.

Answer 8

In Texas and everywhere else, tenant have the right to honor the lease. Tenants are not allowed to move anyone they want in without approval from the landlord whether it be people or animals. And with animals, you have to prove the animal is an ESA before they will approve of it. Just telling the landlord it is, doesn't work.



Much depends on the notice you received. Was it a quit notice? If so its possible to fix the problem to avoid eviction before the end of the period. Bottom line you need to contact the landlord and see what can be worked out.

Answer 9

You have the right to move out. You have the right to be sued for eviction and you have the right to pay all outstanding rent under your lease, plus any late fees, penalties, and damages. ALL dogs are ESA animals. Do you even know what that stands for? Emotional Support. Don't confuse it with a "service animal", which has been approved under the ADA. If the building is a no pets building, you have NO right to obtain a pet and if it is spelled out in the lease, then your blatant disregard for your lease and the rules is going to get you blasted in court and you will likely be thrown out in 3 days, if you have not already moved out.

Answer 10

Setting aside the dog, if you did not inform the landlord (and get permission to live there before you moved in) that you would be living there, then the lease has been breeched. The cure would be to move out within the notice period given, often 3 days. Otherwise you are SOL as an unauthorized tenant, the landlord does NOT have to accept you living there.

Answer 11

did you ask prior to getting the dog? still have to inform ll......... esa is not covered under the ada and not covered in all states......... you'll need a doctor's verification of diagnosis and need of the esa usually......... if you are not on the lease and are living there, that is a breach of contract.........



so, in this scenario, you have the right to fix the breach, which is you move out.........



the tenant as the right not to breach the lease.........

Answer 12

All the landlord knows at this point is that you have an unauthorised dog. When a landlord sees an unauthorised animal they have every right to serve a cure or quit notice. It should give you X # of days to fix the breach or move out.



Show proof it is an ESA & that should be the end of it. They cannot ask your diagnosis but they can require a letter from your doctor stating you do indeed have a medical need for the animal.



You could have avoided this by properly notifying them of the dog before you brought it in. While it is true that landlords must allow a reasonable accommodation with adequate proof for an esa you still are required to make that request & get it approved before you bring in the dog. Failing to do so & you are indeed in violation of your lease until said reasonable accommodation is granted.



To make matters worse you are an unauthorised tenant. You have no right to be living there in the 1st place. You cannot just move in with people when they rent. Your 2 unauthorised actions can get you & everyone else in the unit evicted. You need to apply, get approved properly added to the lease. You have to do this before they will even consider the reasonable accommodation request. That will not apply when you are not a legal resident of the unit.

Answer 13

YOU breached the lease when you moved in without prior written permission from the landlord.

Answer 14

You are not a tenant with a contract, so you are a 'guest' of the tenant and establishing tenancy illegally along with your pet. The landlord can give the real tenant notice to leave and everyone in the household will need to leave or the LL can give the tenant notice that by you being their they are breaching their tenancy and need the 'guest and pet' to leave. You and your pet are breaching the legal tenants tenancy

Answer 15

Did you ask prior to getting the dog? Still have to inform LL. ESA is NOT covered under the ADA and not covered in all states. You'll need a doctor's verification of diagnosis and need of the ESA usually. If you are not on the lease and are living there, that is a breach of contract.



So, in this scenario, you have the right to fix the breach, which is you move out.



The tenant as the right not to breach the lease.

Answer 16

If you violated the lease by having an unauthorized tenant or an ESA (which not all states require a landlord accept), you have no rights.