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Can my landlord do this? I'm so mad!!
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Anonymous
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I'm the poster whose husband was transferred to Mexico and moved from DC into Odenton MD.
When I originally applied for the apt I was not planning on having my dog. They approved me but then I found out my DH couldn't take it with him until October because there are restrictions on flying with pets in summer. I called and let them know that. You are only allowed to have dogs larger than 25 lbs on the ground floor but I don't have a ground floor apt. At this point I had not paid the holding fee or signed a lease. They said they would work with me if it was for a few months. I did not want to get a ground floor apt because my DD window would face the street and that made me nervous. At first the girl at the office said I should just bring him and don't say anything. I insisted she added the dog to the lease even though that meant a 300$ deposit and monthly pet rent. I'm glad I did. This was all done with an office employee. So I moved in last week and everything was fine. Today I get a call at work from the manager saying they found out I have a large dog up here and I need to 1) move to a ground floor apt, or b) break my lease and vacate, at a $2500 cost. At first I tried to cover a little for the other girl because it was obvious the manager didn't know any of the prior. Finally I let her know everything that happened and told her to look in my lease for the pet addendum where it states it's an 80 lb dog and check that I'm paying pet rent. Obviously I did not smuggle the dog in... She said I should move out if I didn't want a ground floor apt and didn't see a problem letting me get out of my contract. I was already furious... move twice in 2 weeks???? when they KNEW this?? She said she would confirm with the regional manager and get back to me. She called back saying they are NOT letting me out of my contract. Instead they will let me stay but if any of my neighbors complains I will be asked to vacate. So in short, I can't leave if I want to but they can kick me out whenever they want. I am concerned because as I said before the ceilings are paper thin and I'm sure from below you can hear every step we take. I KNOW they will hear us, regardless of the dog. BTW the apt below is vacant but someone is moving in tomorrow. I already hated it here but this is too much... Can they actually ask me to leave because of the dog when he is in the lease and they were fine with it when they collected the non-refundable pet fee and asked me to sign in the dotted line? I feel trapped... thanks |
Anonymous
| I would let her know that you will not be vacating your apartment without written notice from them in accordance with the terms of your lease. |
Anonymous
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I don't think they have a case with all the terms spelled out in the lease.
Having said that, I know someone who will have a 2 bedroom sunny basement apartment for rent in the next month or so in Howard County. Rent would be about $1,000 a month all inclusive. If for some reason you need that, let me know. I'll post my e-mail. |
Anonymous
| No, they can't do that. By putting it in the lease and accepting your deposit, they approved you have a dog in excess of the size restriction. They might get a little snippy but they can't evict you. You have a contract and there is consideration. If that doesn't shut them up, post back here and we can walk you through the next steps. |
Anonymous
this is great advice, but is there anything in your lease that allows them to take action if your dog is a "nuisance" to neighbors? I hope not, but if so, I recommend going out of your way to befriend your neighbors so they're disinclined to file complaints. Good luck!! |
Anonymous
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thanks, I think I'll be good unless someone complains. I think when she realized that, she came back with "we'll let you stay as long as nobody complains". Now my other issue is that I called back and asked for a copy of my lease (which they said last week they'd get to me and never did) and she said she would, minus the pet addendum. She said because I hand wrote the details of my pet in it, its not valid and she would redo it by typing it. When I got the lease to sign there was a pet addendum page with blank spaces for the pet details (weight, breed, etc). I assumed they wanted me to fill it in. She said it can't be filled by hand and that it was originally left blank because she thought there was no pet (why even add that addendum to my lease then?). They never said anything when I gave them the signed lease but now she wants to toss that page out. Is that legal? I want to have record of the fact I submitted all the dog's info to them.
thanks a lot |
Anonymous
| Pp here, by action, I mean they might force you to "evict" the dog (in response to complaints) and failing your agreement to do that, you might be forced to leave altogether. That's of course drastic, but sometimes leases allow landlords to do that. |
Anonymous
I think it sounds awfully fishy- whoever is the corporate owner of your apt would probably not like these types of practices. And modifying documents that you submitted and making new documents part of your lease, without your consent sounds very fishy. |
Anonymous
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OP, I'd take a plate of cookies down to welcome your new neighbor. Explain the situation and ask them to talk to you first if they have any concerns about dog noises, etc.
Is there a fair housing advocate you could talk to for your county? Perhaps it would be helpful to talk to them and let your building manager know you've done so. It would put the mgt "on notice" that you're willing to seek legal advice and they shouldn't try any funny business with your lease. |
Anonymous
I know, I will demand she gives me a copy of what I gave her, although she said she would not sign that page. I didn't make copies before because all the pages were not signed by them. I asked for a copy when they gave me the key last week and she said she would sign all the pages and give me a copy then. A week later they haven't signed my lease and now they want to toss out the page I gave them... It's unsettling that I will get new papers after the fact... |
Anonymous
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Oh my gosh! That is definitely not right! When you agreed to move in, your contract was based on the terms they offered and that you accepted. They can't now invalidate that contract by trashing the most important and contentious page of it! I agree with prior suggestions to talk to corporate management (if there is such an entity) and/or the fair housing advocate. Once they know you're on top of things and not willing to be bullied, they'll hopefully lay off. I don't mean to suggest raising hell at this point, but makknow you understand your rights as a tenant,
particularly under the Original contracthat you signed. What a pain, but I'm sure you'll triumph in the end. |
Anonymous
| "make sure they know you understand your rights as a tenant" |
Anonymous
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OP I would consult a lawyer. I'm not a lawyer but you had a verbal agreement, submitted a document with your signature and now the other party is changing that agreement before they sign. If I were you, I would not sign the new typed agreement. A second party can not change or omit terms from the original copy that you signed and simply transfer your acceptance. You accepted this apartment based on the understanding that you could be on an upper floor and have your dog. You were honest in your negotiations and asked whether this was possible. If the second party had said no you would have moved to a different building.
It sounds to me as if the girl screwed up and is trying to dig herself out of getting in trouble with her management. The building may have insurance regarding animals that prescribes certain limits so the management may be trying to protect themselves but do so dishonestly by forcing you into another ground floor unit to retain the business or get the contract penalty fee out of you. There is absolutely no legal reason why something can not be handwritten and be typed. This is a dishonest attempt to create a document that would later show you knowingly accepted the no 80 lb dog clause and they can use it to try to get you to pay the penalty for breaking the contract. They may also be trying to take advantage of you because you are not from this country and may assume you are not familiar with contractual legal issues. Please do not trust this girl. She has already given you false information. Americans love and fear litigation. A letter from an attorney should get you out of any contract penalty or could perhaps give you the written approval you need to stay. While it will be a PITA to move at least you will do it after only two weeks and not as a surpise later on. |
Anonymous
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Not legally valid because it was handwritten? I've heard that one before - when manager was trying to take advantage of a foreign-born individual. That's pretty low and total BS. Corporate should be aware of what the manager is doing. She's a lawsuit waiting to happen and if she's treating you like this imagine what she does to people with less education and fewer resources. I'd be torn between:
1. Asking one last time for a complete copy of the leasing documents and. Let her know if they're not provided she is in violation of the law and that you will be reporting her to the local housing authority and corporate. 2. Reporting her refusal to provide the documents and her statement that your handwritten pet addendum isn't legal to the local housing authority and to corporate. Then asking her for the documents and telling her you reported them. |
Anonymous
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I'd just move to the 1st floor. Just run to Home Depot and get a window film to apply to DD's window.
I did it since our window faces the parking lot. No need to be a pro, it uses just water and you can peel it off and start over. Once you move out you take it with you. I paid $40 to cover 2 windows and our balcony doors. |