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Michelle N | We just moved in to a new apartment, we signed the lease saying we had a cat now the landlord came today and? |
We moved in last Sunday, we signed the lease saying we had a cat. He only told us we dont accept dogs. He came this morning and said I noticed you have a cat, we said yeah we signed it in the lease, he said well we dont accept cats or any animals. So what are we supposed to do now? Any help here,,Please,,Thanks!!!
Additional Details
There is nowhere it says no animals, and there was a little questionaire part it said do you have pets, we checked yes, how many we checked one. |
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some one but not sure who
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same thing happened to us but in a house my husband told the landlord that he told us it was OK and then my husband said we can pay the pet deposit or we can move your call five years later we are buying the house good luck and I'm so sorry you are going through this i know how you feel again good luck if you can let me know how it turns out |
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!!!
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If the LEASE permits a cat and the landlord signed the lease knowing this then the lease is legal and binding on both parties. |
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A W
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You should have a copy of the lease. If the lease says that it is okay for you to have a cat, you have the right to keep the cat. If that is not written in the lease and you decided to fight to keep the cat, it would be your word against theirs. Check the lease. |
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Sherri C
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Did you tell him you had a cat on the application, or is there something specifically on the lease itself stating that you have one cat? If it it not in the lease itself, you may be out of luck, as oral representations don't hold up in real estate law. If it is in the lease, he doesn't have a legal leg to stand on. However, if not in the lease, he can serve you with a "Notice to Cure Covenant or Quit", usually giving you a short period of time to "cure" the breech of contract (in this case, an unauthorized pet).
Per your update, you may be out of luck. The questionnaire does not explicitly give permission to have the pet. Unfortunately, even if the lease doesn't say anything about pets, positive or negative, it needs to be in writing that you have permission to have a pet..usually the type and number of, and in most cases, there is a pet deposit required in addition to the security deposit.
You could ask the landlord if he would consider allowing you to keep the cat for an additional deposit (usually around $250-500). If not, you may have to find kitty a new home. |
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acermill
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If your lease specifically states that your cat is allowed, then you have a basis for complaint and demand that you be allowed the cat.
If no written mention is made of the cat, you will have to find another home for the animal. |
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goz1111
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Need a little bit more info,
How did you sign the lease saying we had a cat? did you write in at some place cat? On the landlord's copy does it have cat listed as well? Within the lease it self does it say no animals allowed? if so did you cross that provision out and write in cat?
Look one can not change the terms of a lease while it is in effect, so if the lease is silent on no animals and depending how you wrote the cat into the lease, you might have a case
If the lease says no animals, and you have a written word cat on last page, i doubt the written in part would be an acceptable modification unless the landlord initial it some how
talk to a lawyer if you want to keep the cat
if lease is silent, and you placed upon the application cat and the application had a place to check for pets i like your chances, but you may need a lawyer |
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servicedogstar
 |
if its on the lease you can have it but if was on a intrest form or something is doesnt count
it as to be on the lease if it is and he still says no then he would have broken his part of the deal show him the lease but if he is a real pain I would move if he says you have a lease and you have to pay X then you could take him to small clames court |
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kemperk
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u wrote "we signed saying"......
if you have IN writing, a cat is
with us, you are covered. If you
over verbalized it--said it, you are
out of luck.
all things regarding leases must
be in writing TO BE ENFORCEABLE
in court [meaning, two people can
verbally agree to anything in a lease
but in court, nothing verbally
agreed to is admissable.]
[decades ago, I got tossed out
for only voicing I had a cat, I forgot
to put it in the lease.]
---------------------------
if it is not in the lease--
i suggest getting rid of the cat
for now.
give it to a friend.
moving is a b.......
getting a new cat later, is easy. |
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towanda
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Be sure to keep your copies. If you checked you had a cat, then you keep your cat. You can try to solve it amicably but I can just about guess what's in store for you. If he gives you any hassle and he will, tell him you will be glad to move but since he made a mistake you will expect moving expenses and all your deposit back and get it in writing. Be sure to read your lease. Anything anyone says means nothing, it's what you signed in the lease that important. The application is different than the lease so read the lease carefully. Be sure to keep your cat indoors. Good luck. |
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Mmd
 |
Per California law, you would be entitled to keep the cat for the term of your lease. The Landlord would not be able to evict you or make you pay more money untill your lese expired.
How long is the lease for? |
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Gerald
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Michelle--if it is not in writing than it did NOT happen. Look at the lease and if the cat is not on the lease get rid of the cat or move...
Land Lords are finally coming to the point that people do not take care of their pets. They no longer accept any kind of animal to live in the property...
Apartments are for people not animals -- dogs -- cats or anything else that is not human and poops in the house on the floor... |
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Expert Realtor
 |
Ok..you are out of gas.
A questionare is NOT a lease. A rental application is NOT a lease.
If it states in your LEASE that is the legally binding contract, no animals, then he can require you to remove the animal.
It was your responsibility to read the lease before you signed it. |
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