When my boyfriend and I walked this apt. 3 months ago we thought it was the perfect place and when we were told we could have pets (incl. a dog which was specifically asked about) we knew we had to move in. The lease says specifically that we can have pets and is marked that we already had a cat upon moving in. We got a dog from the humane society only a week ago. My landlord had our downstairs neighboor call and threaten us that if we didn%26#039;t get rid of the dog when he got back from %26quot;up north%26quot; then he would serve us with an eviction notice. We are not getting rid of the dog and this is not the first problem with the landlord we have had in the last 3 months. It%26#039;s been a nightmare of changes first we could paint then we couldn%26#039;t, first we could plant a garden anywhere (no one else did) then we could only plant in one limited spot, ect... at this point we just want to disolve the lease without having to pay a fine. I just don%26#039;t know how to do this, any suggestions?
HELP needed with my landlord changing his mind?
First of all, any judge will first look at the four corners of the agreement, i.e., what is actually written in the lease. Make sure it says you are allowed to have pets and not just 1 pet, and be sure that it is not specific, limiting you to only cats. That%26#039;s your first protection.
Second, verbal agreements are valid, except that you and the landlord will probably dispute each other%26#039;s claims, and thus are much more difficult to prove.
If you try to argue about the verbal agreements, it will turn into a pissing contest.
I will encourage you to document everything you say to him (date and descriptions) and everything he says. If he harasses you for other things, document that as well. It%26#039;s not yet worth seeking a real estate lawyer unless he tries to evict you based on what you stated.
I would personally, for the sake of avoiding additional hassles, not do any painting and or plant a garden, not until this is settled.
HELP needed with my landlord changing his mind?
Well if you have a legal contract you%26#039;re in the right, but I would move out based on if this guy doesn%26#039;t want the dog he doesn%26#039;t have to renew your lease when it%26#039;s up. So if he doesn%26#039;t get you guys kicked out for that he will for something else. Also even if the dog is allowed if there is excessive barking it can be reported as noise violations and he can evict you based on that.
A lease is a contract and he has broken it. I would suggest to him that you leave and will not pay any additional fees etc. You may not get your security deposit back. But honestly, is it worth the fight for it? If he protests then you will have the right to hire a lawyer because he broke the contract. He is in the wrong.
What does your lease say about pets? The lease is the binding agreement. If you need permission for the garden it needs to be in the lease. Word of mouth doesn%26#039;t hold up in court. Regarding the downstairs tenant%26#039;s I would just call the police next time. This call would be on the PD%26#039;s record so you could use it later on if you go to court. Check to see if this landlord has had any complaints in the pass regarding a situation like yours. Good luck...
If he has no grounds for breaking the lease you can sue him for evicting you. If you broke the lease you are out of luck. I would get legal advice right away.
READ YOUR LEASE CAREFULLY ... read every word of it. There may be some %26#039;small type%26#039; that says you must have it %26#039;in writing%26#039; that you can get a dog when you already have a cat (an addendum) or the dog may %26#039;weigh%26#039; too much ...
As for your %26#039;gardening%26#039; there should be something about that in your lease, too. And the %26#039;paint%26#039; you wanted to put on the walls.
You MAY need to get an attorney to go over the lease with you, to %26#039;explain%26#039; it to you in %26#039;human%26#039; terms rather than legalese ...
IF the landlord is in %26#039;clear violation%26#039; of your lease, you may %26#039;sue%26#039; to break your lease ... but if you don%26#039;t, you won%26#039;t be given %26#039;fines%26#039; ... you could be %26#039;held liable%26#039; for the %26#039;rent%26#039; for the rest of your lease ... and THAT could adversely affect your credit rating, since %26#039;paying regular rent%26#039; doesn%26#039;t count nearly as much as %26#039;violating%26#039; the lease. So ... read the lease, consult with an attorney about any questions ... and then %26#039;make a good and legal choice%26#039; ... but if your %26#039;landlord%26#039; is in %26#039;clear violation%26#039; then you may sue for %26#039;moving costs%26#039; and %26#039;relief%26#039; from the rest of your lease ... or if he%26#039;s not in violation, you may just have to %26#039;farm your dog out%26#039; and %26#039;endure%26#039; living there until your lease is up.
This is a gray area with leases, your lease does state you can have pets, but a landlord could easily say that it was intended for your cat. On top of that, you should always notify your landlord when bringing in a new pet. Usually a small (5-10$) rent increase, and/or a 100$ or so pet deposit is a good way to appease the landlord into accepting the new pet.
with disolving the lease, request if you may resolve it. You have the perfect grounds to with the dog, and your landlord already wanting you gone. To make him extra happy, offer to pay for an ad in the paper for the apartment. But before you hand over the keys, make sure you and your landlord do a check list walk through of your apartment and decide at that point how much is owed from the security deposit and how much you will be returned and that in writing.
