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ellie | Is the apartment manager allowed to do this? |
My boyfriend and I just moved into an apartment that allows cats. Before we signed the lease, they said if we were to get a cat we only had to pay $300. Fast forward a month, we went to ask again to make sure we could get a kitty, and they said yes.
We went out and adopted the kitty I wanted for a few weeks. When we were walking up to our front door with our new baby, the apartment manager runs up to us and says, "I am truly sorry. I just realized that we put in new carpets recently, so you can't have the cat. Please return it." I cried, and returned it. I am getting ready to talk to them because I re-read my rental agreement and policies, and nowhere does it say we can't have a cat if our apartment has new carpeting. I think they are in the wrong.
My questions are:
Are they (the managers) allowed to say if we can or cannot have a cat? Don't they have to put it in writing somewhere? What do you think of this situation? What would you do if you were in my shoes?
Thanks for reading. |
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mel
|
it should be in the lease. if not, you can fight it, but why bother unless you want to sue them for moving expenses. sounds like they don't know what they are doing.
(If I was you though, I would not want to get a cat, but that's just me.) |
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Doodlestuff
 |
If it's in the lease, you could have kept the cat. If it isn't in writing, you weren't very smart. I would have insisted on keeping the cat because pets are not disposable.
Personally, I would not get a pet if I lived in an apartment. Your chances of finding another apartment later, if you needed to move, that takes cats are small. I did have 2 cats, and it was hell to find new digs. |
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Robert F
|
The manager can say what they want to - it is the lease agreement that dictates what can be done by law.
Most lease agreements stipulate a certain amount for pets (in my old apartment is was about $300 as well). It usually is a one time up front fee (not annually).
You can take the less agreement and actually take them to court - or you can take the lease / rental agreement to a lawyer and let them draft a letter to him in regard to the fact of the pet. I firmly doubt that there is a new carpet stipulation to the stipulation about pets. Thus based on the information given to us - in the eyes of the law this is in your favor.
Take a look at some of the television shows such as people's court - or serve on a jury or two then you will understand the impact of a written agreement in the eyes of the law. |
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John Kicks
 |
If its not in the contract then you should be able to have your kitty. |
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TREK
 |
if your handwriting didnt sign something that said that you agreed to this, you can have a cat.
he cant just change his/her mind every month |
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Pam
|
Get the kitten back!!! poor thing :(
u can ignore her or show her that no where does it say that cats are not allowed in the building with new carpeting and u asked her 2 times so suck it up or u can even sue her for tramatizing u and teh kitty lol
in a way it's false advertisement if it's not written down then theres no rule against it |
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Kathryn P
 |
anything involving your renter's agreements have to be in writing.
If it says newly carpeted apartment cannot have cats allowed then so be it. Otherwise, they have broken their own contract by not letting you have the cat.
Next time: get it in writing, ensure they remember you have new carpet (if that is the case) and have them put in the letter that they are aware you are getting a pet.
The 300.00 deposit is supposed to help with the cost of washing the carpet in the event the kitty has an accident.
Apartment complexes cannot just indiscriminately go around changing the rules. I would get the cat, and if they make a stink about it, show them in the contract where it does NOT say that newly carpeted apartments won't allow cats. They can take you to court, but you'll win, as long as you have the approval letter from them with all the information included. On THEIR letterhead... |
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my16paws
|
If your lease does not expressly forbid pets then there should not be any legal grounds for them to refuse you having a cats.
I say should not as I'm in Quebec and know of our rental laws, yours may be different. But in most cases, there needs to be a clause to state what is not allowed, as it is usually impossible to list what is allowed. |
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Brando
|
they do not have the right to do so if its not in your contract, therefore if you get a cat and they kick you out you can sue them |
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indie_dude80
 |
If they told you that you could have one previously, I think it may fall under grandfather clause. |
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jimmy dean's uncle
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hes/she is being a dick to you, if you got it in writing (your allowed cats in apartment) then take him to court and sue his anus |
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John C
 |
You needed to either have gotten their written permission or there should be something in your lease. If it's not addressed, they can always lie and say cats were never allowed. It's all up to what you have in writing. |
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domexican_princess5
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I don't think they can do that, unless it says somewhere in writing that you aren't supposed to. Do you have proof that she said that COULD have one? If so, use that! I also have 2 cats and I think we were supposed to pay a deposit for them but OH WELL!! |
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<3 Italian_Pride <3
 |
Honestly don't think they can do that? When you signed the lease and its written in there and they took your money then why can't you have it? Also, if you wanna take the other posters advice and keep it and not tell them, make sure the cat doesn't soil the carpet! |
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Shogunn45
 |
Im in the business of maintaining residence for a while now. I deal with leasing agents and managers. They all just want to rent the apartments and take care of there keep just like everyone. In the meantime some apartments get abuse by previous residence which put a bad taste in there mouths sometimes. So they feel like saying this sometimes even though the lease says other ways. I would just ask them kindly and assure them that your kitty is a well trained little guy and you maintain the litter box. They should come back to you and say ok thanks for the $300 big ones. This is extreme $300? WOW THIS IS ALOT OF MONEY. THEY SHOULD BE MORE THAN HAPPY TO LET YOU HAVE A KITTY. If it does not work out just contact the owners and explain. Good Luck. |
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Storm
|
He seemed genuine about it, but thats NOT allowed.
You sign that agreement for a reason, do a little bit of research get an attorney and take it to the magestrates. They will handle it. If worse comes to worse they might transfer you to another apartment, but other than that because the rental agreement states that you are allowed pets there is nothing the manager can do to not let you get a pet, especially if the law is involved! Even if you bluff that your getting a lawyer they will instantly cr@p themselves and let you do what you want.
I had a similar problem. My best advice is to speak to him, tell him hes in the wrong and that if he choses to stand his ground and not let you get a cat, warn him that you will be getting the law involved. The costs of lawyers can be a pain, but if you bluff him into thinking your actually going to get one theres a fair chance he'll run hiding. If you report this to the higher boss, or a real estate agent they can get him sacked.
Good Luck
Storm |
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YoshiRider
|
No they are not. If the rental agreemants didn't refuse them, then you can keep the kitten. If he makes you leave, take him to court. If i were you, i'd keep the kitten or move somewhere better and always come back to brag how much better your new apartpent is than your old one... In front of the managers. |
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alexianIdol234
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Although they do own the apartment I feel that if they never said anything about cats before and nothing is in writing that you are able to have a cat. |
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GelatoJustice
 |
Every contract (or lease) has a loophole! I don't think they can do this because it never said that if new carpets were there cats weren't allowed anymore. Go and complain to him, because that lease is one that you and your boyfriend signed and agreed to. Besides, so what? New carpets? Cats are not like dogs they don't use the bathroom on fuzzy stuff like carpets, they have to go in a litterbox or a litterbox-like item. I would go and complain, tell him why I'm so upset, and show them the lease and what it says, because I think they have no right to suddenly change the contract and its rules, even if they own the place. They also agreed to the lease, so they have to follow it as well. |
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Kyla~Sures<3
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It depends. Do you fell like you need to. How much do you want this kitty? You do realize that you may end up loosing what you call your home! |
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Tee Hee
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I don't know if they are allowed to do that but I think maybe you should get an attorney to handle this. |
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alberto c
|
Just keep it, but don't let the manager know, I do it all the time. |
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