bad news - Page 2 - YorkieTalk.com Forums

mommadog1 · 04-03-2010, 09:08 PM

Quote:

Originally Posted by BamaFan121s

Nope, that's illegal. If pets were permitted when you moved in and signed your lease, they cannot legally change it in the middle of your lease and force you to abide by it and surrender your pet. The lease constitutes a binding, legal agreement and they have to hold to it. The only thing they can do is not renew your lease when it is up.
You need to consult an attorney.

Exactly!!!! I was just going to say that!

kristy47 · 04-03-2010, 10:49 PM

Quote:

Originally Posted by BamaFan121s

Nope, that's illegal. If pets were permitted when you moved in and signed your lease, they cannot legally change it in the middle of your lease and force you to obide by it and surrender your pet. The lease constitutes a binding, legal agreement and they have to hold to it. The only thing they can do is not renew your lease when it is up.
You need to consult an attorney.

It could be illegal, but I would make sure to check your lease and see if there is a clause in there that an addendum(s) can be added to it at any time if they are in the same format as the original contract. Real Estate law can have many loopholes and confusing things in it. I worked in a law firm for 7 years as a real estate paralegal and I'm married to an attorney who deals with several apartment complexes and other real estate law. There are many things that are allowed to happen that would seem illegal, but they aren't. I'd definitely check the fine print on my lease as well as talk to an attorney.

Also, in some places, if the ownership of the rental property changes, there are certain parts of the lease that can change, too. That's not the case in all states/cities, etc. but I have heard of it in some.

littlewhip · 04-04-2010, 07:53 AM

My daughter just moved into a brand new appt complex and paid an extra 300.00 for her pup, we asked all the nessasary questions upon signing the lease, This is a one time payment, so maybe they are just charging this as a extra protection deposit, I would deff find out more before i rehommed my babie.
this is also a non refunded payment if they decide to leave after there lease is up. good luck ! I hope you can find a way to resolve this.

livingdustmops · 04-04-2010, 08:14 AM

Quote:

Originally Posted by 107barney

How many units are in the complex? I'm just wondering how many pet owners will be affected by this policy change? Can you scan the letter into the computer and let us see it, maybe I can help find you a lawyer in MA (I'm a MA and RI lawyer and can help refer you to someone who does LL/Tenant work). They might even be able to help you pro bono (free or sliding scale).

johnnyt112 · 04-04-2010, 08:15 AM

Several Questions,

Do you have a signed lease stating that you can have pets? If yes, you should not have a problem as their are tenant laws in most States. They are attempting to break the lease. Do not be late on your Monthly payments as they could then say that you broke the lease.

Is it an open end lease/rental agreement, meaning as long as you pay the monthly charge the lease/rental agreement is in effect?

Is it an ending date lease/rental agreement?

If it is the later, then you will need to find a new home for either your pet or you at the end of the lease.

You can contact the ACLU, (American Civil Liberty Union) and see if they can help or they may be able to refer you to an attorney. If all else fails you may be able to take action in small claims court.

You need to start working on this as soon as possible. Also talk to your neighbors, there is strength in numbers and if needed everyone could share the cost of an attorney if needed.

Good Luck

MI Yorkielover · 04-04-2010, 08:28 AM

Quote:

Originally Posted by BamaFan121s

Nope, that's illegal. If pets were permitted when you moved in and signed your lease, they cannot legally change it in the middle of your lease and force you to obide by it and surrender your pet. The lease constitutes a binding, legal agreement and they have to hold to it. The only thing they can do is not renew your lease when it is up.
You need to consult an attorney.

marcie · 04-04-2010, 05:55 PM

I hope you take the advise from the YT. This is serious...they are trying to do something illegal

tkking17 · 04-04-2010, 08:41 PM

Have you tried contacting a local legal aid clinic? I'm not sure what the laws are in your area, or if you have a lease, but you might want to see what they say about this...

107barney · 04-05-2010, 04:55 AM

We are waiting for you to come back for help from YT'ers....or is this a change of heart you've had?

mommadog1 · 04-05-2010, 06:16 AM

Quote:

Originally Posted by 107barney

We are waiting for you to come back for help from YT'ers....or is this a change of heart you've had?

I hate it when they do that!! A hit and run...lol

Lou · 04-05-2010, 07:49 AM

Quote:

Originally Posted by 107barney

We are waiting for you to come back for help from YT'ers....or is this a change of heart you've had?

No nibbles on the $600.00?

ARCHIE · 04-05-2010, 07:55 AM

Quote:

Originally Posted by BamaFan121s

Nope, that's illegal. If pets were permitted when you moved in and signed your lease, they cannot legally change it in the middle of your lease and force you to obide by it and surrender your pet. The lease constitutes a binding, legal agreement and they have to hold to it. The only thing they can do is not renew your lease when it is up.
You need to consult an attorney.

They are trying to scare you. They cannot just tell you to get rid
of your dog! They can change the laws for future pet owners but they
can not do this to you. Look at your owner's manual of rules and regulations. Your pup is grandfathered in. If he bit someone that
may be different but just because idiots don't clean up they have
no legal right to say this.

pancakepat · 04-05-2010, 07:56 AM

Did I miss a post? Where did the $600.00 come from?

Lou · 04-05-2010, 07:58 AM

Quote:

Originally Posted by pancakepat

Did I miss a post? Where did the $600.00 come from?

Toward the end of her post she said:

"i will give him up
for 600 i wont donate him i paid 1,200 for him a good amount of money"

tarczely · 04-05-2010, 08:21 AM

Quote:

Originally Posted by BamaFan121s

Nope, that's illegal. If pets were permitted when you moved in and signed your lease, they cannot legally change it in the middle of your lease and force you to obide by it and surrender your pet. The lease constitutes a binding, legal agreement and they have to hold to it. The only thing they can do is not renew your lease when it is up.
You need to consult an attorney.

yes i was going to say the above they can't do that they have to "grandfather" you in just like kids ours when my kids were younger went to a no kids I sure didn't get rid of the kids they were grandfathered in, and then we moved!

04-04-2010, 07:53 AM	#18
littlewhip Donating Member Join Date: Jul 2006 Location: wiith my furbabys Posts: 8,874	My daughter just moved into a brand new appt complex and paid an extra 300.00 for her pup, we asked all the nessasary questions upon signing the lease, This is a one time payment, so maybe they are just charging this as a extra protection deposit, I would deff find out more before i rehommed my babie. this is also a non refunded payment if they decide to leave after there lease is up. good luck ! I hope you can find a way to resolve this. __________________

04-04-2010, 08:41 PM	#23
tkking17 Senior Yorkie Talker Join Date: Mar 2010 Location: California Posts: 104	Have you tried contacting a local legal aid clinic? I'm not sure what the laws are in your area, or if you have a lease, but you might want to see what they say about this... __________________

04-05-2010, 04:55 AM	#24
107barney T. Bumpkins & Co. Donating YT Member Join Date: Dec 2008 Location: New England Posts: 9,816	We are waiting for you to come back for help from YT'ers....or is this a change of heart you've had? __________________ T. Bumpkins & Co. Washable Doggie Pee Pads (Save 10% Enter YTSAVE10 at checkout) Cathy, Teddy, Winston and Baby Clyde...RIP angels Barney and Daisy

04-04-2010, 08:15 AM	#20
johnnyt112 Yorkie Yakker Join Date: Nov 2009 Location: St. louis, MO Posts: 65	Several Questions, Do you have a signed lease stating that you can have pets? If yes, you should not have a problem as their are tenant laws in most States. They are attempting to break the lease. Do not be late on your Monthly payments as they could then say that you broke the lease. Is it an open end lease/rental agreement, meaning as long as you pay the monthly charge the lease/rental agreement is in effect? Is it an ending date lease/rental agreement? If it is the later, then you will need to find a new home for either your pet or you at the end of the lease. You can contact the ACLU, (American Civil Liberty Union) and see if they can help or they may be able to refer you to an attorney. If all else fails you may be able to take action in small claims court. You need to start working on this as soon as possible. Also talk to your neighbors, there is strength in numbers and if needed everyone could share the cost of an attorney if needed. Good Luck

04-04-2010, 05:55 PM	#22
marcie and Lucy too Donating Member Join Date: Mar 2009 Location: ohio Posts: 6,325	I hope you take the advise from the YT. This is serious...they are trying to do something illegal

04-05-2010, 07:56 AM	#28
pancakepat Senior Yorkie Talker Join Date: Jan 2010 Location: Kansas, the sunflower state USA Posts: 242	Did I miss a post? Where did the $600.00 come from?