Speaking of dogs...

IminWonderland · 03-20-2007, 11:28 AM

So, we got this puppy right...we live in an apartment, a 2 bedroom. We moved in almost four years ago. When we moved in we had a cat, and we moved in under the pretense that we were allowed to have dogs or cats, as it states in our lease.

So the apartments decided about a year ago that they were going to stop allowing people to rent who had dogs. So all the new tenents have a no dog policy in their lease.

We however, did not sign a new lease with this agreement, because we were part of the old crop of tenents.

SO.....without us signing a new lease stating that we can not have dogs, is the landlord (bitchface) allowed to evict us because we have a dog, even if our lease states we are allowed to have one?

If she came to us on the first and wanted us to sign a new lease with this change, obviously we then would have the choice to stay under the new lease terms, or leave. But, until she has us sign a new lease with this mandate, what can she really do?

IminWonderland · 03-20-2007, 12:21 PM

Originally Posted by W.J. Wilczek

It depends on the provisions of your lease. Presumably, as you have lived in the apartment for four years, the term of your original lease has probably expired without renewal; and unless you agree to the new lease, the lessor may be within her rights to give notice of your eviction. (You should consult with an attorney to determine what your rights are under the circumstances.) You might do well to move to someplace more dog-friendly. I find that people who can’t tolerate dogs make bad neighbors, and worse landlords.

We are month to month, so under the old lease, we are able to have dogs. We haven't signed a new lease with this new policy. However, there are several dogs in the complex who have been here for under a couple years. Can she really only change our lease to exclude our dog, and no one else's lease?

We were gonna move anyways, this is just motivation.

IminWonderland · 03-20-2007, 12:50 PM

Originally Posted by W.J. Wilczek

Generall, a month-to-month tenancy is terminable by either party on thirty days notice.

Yeah, that's fine.

But she can't remove us without asking us to sign a new lease, right?

DosEquis · 03-20-2007, 02:36 PM

Around here in a month to month agreement they can do two things. Raise the rent to whatever they want and tell you to get out. They do have to give a couple weeks notice, but you can only stay until the end of the month you've paid for.

What they would probably do here if she was a real dick head is she would probably say "ok, with the dog you can stay but it will be an extra 200 a month".

IminWonderland · 03-20-2007, 02:45 PM

Originally Posted by W.J. Wilczek

No - not necessarily. Such leases are terminable at will.

Right, but not until the lease is up, which would be the 31st? But, as of the 1st, she would either have to give us 30 days, or ask us to sign a lease that would be effective in 30 days (may 1st) that would state we couldn't have a dog?