Accused of lying on my renters application.

[bouncerhrc]

New York State

I recently moved into an apartment with two roommates and my dog. After my dog damaged carpeting in the apartment the property manager is accusing me of lying on my application about my dog and is demanding and mandating changes to the lease. She is also threatening that if we do not abide she will terminate the lease and withhold our deposit.

She is now requiring I carry renters insurance listing her company additionally insured with my dog on the policy and that I crate my dog when I'm not home. Keep in mind I've already paid a pet deposit on top of security and will also assume all costs of fixing the damaged carpet.

My dog is house broken and has already become accustomed to our new apartment.

The property managers argument is that I didn't list the full specific name for my dogs breed and that I falsified information. My dog is a Stafford-shire Terrier and I wrote only Terrier.

She is demanding I pay for the damaged carpet in full with this coming months rent (Oct 1/09) and also that I provide proof of renters insurance by Oct 1st.

Does she have the right to make these demands? Is there anything I can do to avoid the termination of my lease? (Besides crating a good dog and carrying renters insurance)

Thanks for your help!

BouncerHRC

 

[Alaska landlord]

No, you didn't lie.... you just didn't tell her you were bringing in a cherry.

 

[bouncerhrc]

No, you didn't lie.... you just didn't tell her you were bring in a cherry.

I'm not sure I follow? I didn't specify the type of terrier on the application, but my lease clearly states I'm allowed to have my dog. (without and stipulations other than I pay a $250 pet deposit)

BouncerHRC

 

[Alaska landlord]

Your landlord should have known that Terrier is code for Pitbull. Her insurance company may drop her because of the breed. You lied in your application and if she were smart she would terminate the lease agreement. She will be the target of anyone your dog may hurt. Lawyers always go for the person with the deep pockets.

 

[bouncerhrc]

Your landlord should have known that Terrier is code for Pitbull. Her insurance company may drop her because of the breed. You lied in your application and if she were smart she would terminate the lease agreement. She will be the target of anyone your dog may hurt. Lawyers always go for the person with the deep pockets.

How did I lie on my application? If it said Terrier and this term commonly refers to dozens of breeds if not more why am I being help accountable for her lack of due diligence?

Regardless of this accusation if she decides not to terminate the lease is she legally able to mandate I carry insurance and crate my dog?

BouncerHRC

 

[phase08]

Stafford-shire Terrier my eye. It's a pit bull. In many areas owner must provide proof of $100k liability insurance for those monsters, and in others (such as the suburb I live in) they are outlawed.

Crate? pffft. I'd want you out.

 

[Alaska landlord]

If a landlord were to ask if I have a cat and I say yes, would I be lying if I housed a tiger in her apartment? When someone claims they have a terrier the image is a furry little useless dog. You knew that if you told her that it was a pit-bull she would not have given you the keys. Yes, since you lied she can demand that you take precautions.

 

[Who's Liable?]

How did I lie on my application? If it said Terrier and this term commonly refers to dozens of breeds if not more why am I being help accountable for her lack of due diligence?

Regardless of this accusation if she decides not to terminate the lease is she legally able to mandate I carry insurance and crate my dog?

BouncerHRC

I would have to agree with all the previous posts. You obviously tried pulling a fast one on your LL.

Although you are technically correct, this terrier is NOT a pitbull, and it often gets confused with being a pitbull, there is no denying its aggressiveness even towards masters who have trained it for years. After all, it WAS originally bred to be aggressive and for dog fighting.

Your LL has a civil obligation to demand you carry insurance. Your LL can be sued if they knowingly let the animal reside in their unit and it attacks someone. As stated before, most insurance companies DEMAND there is insurance in place for just such a reason. Some insurance companies won't even cover you for certain breeds.

 

[Alaska landlord]

Although you are technically correct, this terrier is NOT a pitbull, and it often gets confused with being a pitbull.

Actually, dog breeders can't agree on a difference between the two. The reported difference is the bloodline.
pit bulls can register as a staffordshire terrier and visa-a-versa.

American Pit Bull Terrier, Pit Bulls, Pitbulls

 

[Cvillecpm]

Original application should have asked for BREED and required a photo of the pet....you are clear and need to pay for damages caused by FiDo

 

[Who's Liable?]

Actually, dog breeders can't agree on a difference between the two. The reported difference is the bloodline.
pit bulls can register as a staffordshire terrier and visa-a-versa.

American Pit Bull Terrier, Pit Bulls, Pitbulls

True... There is a lot of argument on this breed to determine what it is exactly.

Bottom line, and I think this is one thing we can both agree on, this animal can be very dangerous.

 

[miken32]

True... There is a lot of argument on this breed to determine what it is exactly.

Bottom line, and I think this is one thing we can both agree on, this animal can be very dangerous.

I had this exact same problem 3 years ago. My tenant said that they had a little Terrier, and of course, it was a Pit bull. I got with them and we terminated the lease mutually since I did not do my homework to verify what kind of dog it was and that they tried to mislead me and sneak in a Pit bull while making it sound like it was a Terrier lap dog. Try to work it out with the landlord because most courts will frown on the information being left out of the application.

If you try to pull that splitting hair routine in court, it will probably not go well for you. Sit down with your landlord and come up with something you can both live with.

This is either his retirement you are messing with or his/her very expensive hobby. Either way, he/she is more in the right than you are. If that dog harms someone tonight, your landlord is responsible. Your landlord has to also be responsible for other tenants and neighbors.


In Michigan (And in most states I assume), My insurance company requires me to put a clause in my lease that states that any foreseeable damage caused by the tenant can result in the tenant being sued for the damage by my insurance company. Of course that does not mean normal wear and tear but will certainly cover things like your dog biting someone's pie hole off.