Pets allowed in apartment building, but not for us...LONG

[FishAndChips]

The collection of wisdom at 2+2 is quite vast, and I was hoping for perhaps a little help in an annoying situation.

My girlfriend moved into an apartment building back in August that advertises itself as "pet friendly" and allows pets. If you chose to have a pet, you pay an additional $35 a month in rent.

Prior to moving into this apartment, my girlfriend had a roommate and together they had a cat(this was different apartment). Back in April of this year, Rachel, my girlfriend, began looking for a new place that would allow pets-- she intended to take the cat with her. She signed a lease in April for her current residence, which she moved into in August.

When signing the lease she fully intended to have a pet and the signing agent was aware of this. However, between April and August, things changed and her roommate ended up with the cat. Though she was sad, Rachel knew she could get another pet down the road... or so she thought.

Fast forward to Tuesday of this week. Rachel finds a nice Shiba Inu pup for sale that she intends to buy. She thus calls the management for the apartment building to inform them that she plans on getting a pet.

After playing some phone tag, she gets a hold of the lady she needs to speak with. Much to our surprise, she informs Rachel that she can not have a pet, claiming you must begin the lease with a pet and that she'd have to wait for her lease to run out and get one when she renews.

Now, the lady living next to us has a dog, the man above us has a dog, and about half of the building owns pets. Rachel would not have rented at this residence if pets were not allowed and management, upon signing the lease, knew she intended to have a pet.

Now this was not how the situation was described prior to moving in. She was led to believe that she could get a pet at any point, and simple pay the $35 a month pet fee. This type of thing is not uncommon, for this place rents both sheltered parking and locker space in the basement, either of which may be added to the lease at a later date.

Now, I can find nothing in writing that states you have to begin your lease with a pet. I also find this situation pointlessly absurd. Rachel clearly informed her agent that she intended to have a pet prior to signing her lease. She was mislead to believe she could get one at a later date if she didn't have one right away. I also find managements unwillingness to make an exception in this situation dubious. Why anger new tenants that could potentially rent there for many years to come.

Rachel is not asking for special treatment, only that she be allowed to have a pet as she was promised and as half the building does. This is where 2+2 comes in.

Is there anything that can be done to try and get such a decision changed. Can this place, in any way, be held accountable for misleading a tenant when signing a lease etc.

I'm not trying to win some "rainmaker" lawsuit, but if we could somehow make enough noise that just letting her have a pet is easier for them then putting up with us, that would be just fine.

Thanks in advance! /images/graemlins/smile.gif

[uncleshady]

When did people start telling their landlords about pets they own? My last apartment complex wanted 45 bucks a month and an extra 500 deposit for a cat. Screw that.

[[censored]]

get the pet and start sending an extra $35 a month. there wont be a whole lot the landlord could do beyond complain.

[tehDiceman]

good example of why renting is for the birds.

if i did rent, *nevergonnahappen*, and my landlord said i couldnt buy a pet in the middle of a lease, i would burn her building down.

problem solved.

on a serious note, that is rediculous to think that your landlord can say you cant buy a pet because you have to sign the lease with the pet or without the pet. like the pet is gonna be a witness, i doubt your dog has to paw the lease to say he was there when it was signed.

[otnemem]

Why would you buy a dog? Aren't there, like, thousands waiting to be adopted for free?

[permafrost]

[ QUOTE ]
Why would you buy a dog? Aren't there, like, thousands waiting to be adopted for free?

[/ QUOTE ]

but this is a Shita Onu or something

[StellarWind]

Two general legal concepts that have few exceptions:

1. Oral contracts involving real estate are not enforceable.

2. When there is a written contract, oral promises are not enforceable.

No one cares what was discussed in April. It almost certainly doesn't matter in a court of law.

You have omitted the only information worth knowing. Precisely what does the lease say about having pets? Quote all the relevant passages exactly if you can. Include any sections concerning violations and enforcement. It may be that if you just buy the dog they will quickly realize that there is nothing they can do but beg you to pay them the $35. Getting rid of tenants can be very hard and expensive even when they pay no rent at all. Jurisdiction is very important here but certainly there won't be much sympathy in court if they try to evict over a dog when half the building is allowed to have pets. The judge probably won't them give one inch more than the law demands.

You also need to start figuring out who really owns the building and who has management responsibility. Sometimes an owner or manager will fix something that an entry-level functionary thinks is cast in concrete. It does cost a ton of money to spiff up an apartment and replace a tenant. Unless of course rents have sharply increased since the lease was signed and/or you are a bad tenant. Then there may be no flexibility and no favors.

[Patrick del Poker Grande]

[ QUOTE ]
Why would you buy a dog? Aren't there, like, thousands waiting to be adopted for free?

[/ QUOTE ]
"Free" dogs aren't free. In some cases, they end up being more expensive than ones you'd buy from a breeder.

Also, this is Poker Legislation, right?

[dlk9s]

Flaming bag of dog poo + apartment management's front door = solution

[latefordinner]

just get the damn dog. doubtful anyone will even notice. if so extremely doubtful anything will be done. who clears things with their landlords first?