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Leasing agent violated leasing agreement

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mspiga01

Junior Member
What is the name of your state (only U.S. law)? MO

I recently had to move, on short notice, from my previous apartment building. One of my dogs was attacked by another tenant's dog, and when the same dog almost attacked a week later I felt no other option than to move asap. I had spoken to my leasing agent about the first attack, but nothing was done to improve the safety of the situation.
After looking back at my paper work, there is a clause against aggressive breeds - there are several pit bull type dogs, a German Shepard, and a Great Dane (the dog responsible for the attack) that the leasing agent has allowed into the property.
She is threatening to sue for the rent for January as I did not give 30 days notice. I would like to strike first and take her and the management company to small claims court to recoup the costs incurred due to the leasing agent's negligence in following their own pet policy. I'm just looking for advice on the situation.
 


Badbrains

Member
These two issues you are having are independent of each other and your claim the dog issue somehow waives your right to give proper notice under your lease because you don't feel safe is irrelevant.

If the dog harmed you directly or even harmed your dog, then you could have a civil case against the owner of the dog, and not likely the LL/Agent. How do you know the agent conspired to violate their own breed restrictions?

Did the agent tell you they admittingly circumvented the companies policy? Are these even residents of the communty or are they guests?

You do know people bring in unauthorized pets into apartments all the time and then say, oh the dog is not mine it is just staying in my apartment for a few days. They can fine the resident or even evict them for violation of the rules of the lease, but do you even know what a LL has to do to evict a resident for a non-rent breach of lease violation. Not as easy as you might think.

How do you know the agent did not make an attempt to intervene and hold the tenant in violation of the lease? Honestly....
 

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