Goodbye *update*

    • Gold Top Dog
    Liv, I emailed you some information in regard to this situation you are in. Please contact this lady she may be of help to you and your DH.
     
    Edited to add: Advise her One Tail At A Time Rescue, Home of the Black Mouth Cur's, Angel referred you to her.
    • Gold Top Dog
    Whaaa? You own the house but not the lot? Is it like a townhome or a condo or something that has association rules? I have a real estate license, and I don't know about Canada, but in Georgia they would be required by law to present you with all of those rules before you sign a contract, and you sign on those as well, making them part of the contract. It is illegal to just say a couple of days before you move, "Oh, well, by the way, we have a rule...." Do you have an agent or a lawyer you are working with on your purchase? What do you stand to lose by backing out? Will you lose money, or is it a matter of finding another place? Sorry for all the questions, something just seems shady with these people/person. You may be able to tell them it is not in writing, therefore not part of your contract.
    • Gold Top Dog

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    • Gold Top Dog
    Welcome!
    • Gold Top Dog
    If I had to give up my  dog to move, I wouldn't move.  I wish you luck.... 
    • Gold Top Dog
    In your place I would not give up my dog(s) to move. Seems to me hearing about this after the contract is good grounds for a penalty free break.

    JMO of course, but I'd live in my truck with my dogs before I gave them up.

    Paula
    • Gold Top Dog
    I understand how you guys feel, but I have my son to think about and I have to make sure we have a home. I'm hating this so much, and I'm listening to all of you. And I really wish it was tomorrow already so I could get some answers.
    • Gold Top Dog
    Definitely find out what DH signed. Even if it is owned by the same person, if it is a different place, especially if the rules are different, you should have to review and sign them all over again.
     
    ETA: Good luck. I really hope you are able to find a loophole.
    • Gold Top Dog
    Liv, give that gal an email, I am sure she can help in some way even though you're in Canada, I am sure she still can give you some insight as to how to go about things, etc.
     
    Crossing paws tightly till they hurt things go well for you and your furblings.
    Hugs
    A
    • Gold Top Dog
    Dh signed papers at the bank, but he didn't mention seeing anything like that in there. But maybe those papers were just for the house itself, not the lot? I don't know to be honest. I'll have to ask him. Because if it isn't in the agreement, my dog stays as far as im concerned.

     
    That's your key point, right there. If the stipulation of one pet only was not present at contract signing, it is not binding. They would have to have presented a written statement or subclause for you to sign acknowledging the pet limit. Therefore, if they accepted your loan money without a signed statement that you acknowledged a pet limit, they cannot enforce and ad homin rule after the fact.
     
    Do I need to come up there and tell all the canuck jokes I know until they back down just to make me go away?[:D]
    • Gold Top Dog
    Do I need to come up there and tell all the canuck jokes I know until they back down just to make me go away?
    If they don't want ya there, ya can always come down to Flori- DUH and tell me Cracker jokes all day long, but only if you wear a weave Ron... [:D]
    • Gold Top Dog
    Forpaws, what you are talking about the doctors letter and stuff? That's not a therapy dog- that's called an Emotional Support Animal. Not a service dog, doesn't have public rights or anything, and I'm not sure that Liv meets the requirements- they're not that stringent though, so she might.
    • Silver
    I'm so sorry this must be so hard for you. I wish I lived closer, I know you dont know me, but I would offer to "board" your dog for free until you could figure somthing out. I wish there was a easier way for you.
    • Gold Top Dog
    If you own the house but not the lot, can you keep your dogs in the house as long as the second one doesn't set foot on the lot? Simply carry it or drive it off the property line to walk it around... would be annoying, but if it's that versus get rid of the dog... and after enough time of that the landlord might come around.
    • Gold Top Dog
    There are certain reasons that a landlord can terminate a rental agreement in Alberta.  Having more pets than agreed upon is fortunately not one of them.  I just spent an hour and a half reading through the Landlord and Tenant Law of Alberta.  I'll post the reasons they may terminate, but I would suggest going through it yourself.  I'll post the link as well.

    Ending a Tenancy
    Reasons to End a Tenancy – no fault on part of tenant

    A landlord can only give notice to end a periodic tenancy for three sets of reasons:
    1. Notice to end a tenancy where no fault is attached to the tenant, but only for reasons set out in the Residential Tenancies Act;
    2. The landlord can end the tenancy if he gives the tenant 14 days notice, where the tenant has committed a substantial breach of their obligations under the Act, including non-payment of rent;297
    3. If the tenant has done major damage to the premises or assaulted the landlord or another tenant, 24 hours notice may be given in extreme circumstances.298
    Notices for substantial breach, major damage, and assault are dealt with in another section as they apply to both fixed term and periodic tenancies. The following section is concerned with the reasons to end a periodic tenancy where there is no fault attached to the tenant.
    The Act allows the landlord twelve permitted reasons to end a periodic tenancy where the tenant is not at fault.299 Of the twelve reasons, ten require the period of notice to be in accordance with whether the tenancy is weekly, monthly, or yearly.300 The two remaining reasons provide for different periods of notice where the tenant is also employed by the landlord or where the premises are going to be converted to condominiums.
    Ten reasons for which a landlord may end a periodic tenancy with notice based on the tenancy period301:
    1. the landlord or one of his relatives intends to live in the rented premises (the relative does not have to be a blood relative, but can be, for example, a relative of a spouse, or by virtue of adoption or an adult interdependent relationship agreement);302
    2. the landlord has agreed to sell the rented premises, the buyer or buyer's relative wants to move in, and the buyer has made a written request that the landlord terminate the tenancy;303
    3. the landlord has agreed to sell a detached or semi-detached unit or a condominium unit, and the buyer has made a written request that the landlord terminate the tenancy,304
    4. the owner intends to demolish the building;305
    Reference Guide to Landlord & Tenant Law in Alberta
    3rd Edition 62
    5. the landlord is going to carry out major renovations that require the premises to be empty, ("Major renovations” do not include painting, replacing floor covering, or routine maintenance);306
    6. the landlord is going to use or rent the premises for business purposes;307
    7. the landlord is a school, college, or university, and the tenant is no longer a student there;308
    8. where the premises are subsidized public housing and the tenant is no longer eligible because his income levels are more than allowed for in the tenancy agreement;309
    9. where the premises are subsidized public housing and public funding for the program has or will be cancelled by the time the notice period has ended;310
    10. where the premises are subsidized public housing and the tenant has not reported income or other information required in order to determine eligibility for the program.311
    If the reason for terminating the tenancy is to use the premises for one of these purposes, the landlord must follow through with the plans. If the landlord does not actually use the property for the purpose that was given in the notice within a reasonable time, he is guilty of an offence.312



    Two reasons for which a landlord may end a periodic tenancy with notice period proscribed by the Act
    A landlord may give notice for the following reasons:
    1. The landlord employs the tenant and the employment is terminated. Notice must be whichever period is the longest of
    • the period of notice required by law to terminate the tenant's employment;
    • the period of notice required to terminate the employment that the landlord and tenant agreed to; or
    • one week316, or a period set out in the regulations.
    2. The landlord is going to convert the residential premises into condominiums. The tenant must be given 180 days notice. There must be a proposal to register the condominium plan at the land titles office or the plan must already be registered.317


    So basically move in with one dog then bring in the second a week later.  There is also a section about interfering with peaceful enjoyment of the premises.  I think that has something to do with it as well.  My mom was a landlord for many years and it is really hard to evict someone.

    ETA:  Oops, forgot the [linkhttp://www.acjnet.org/docs/landten/LTGuideNov04.pdf]LINK[/link]