Shouldn't all changes to Pet Policy be in writing?

What is the name of your state? North Dakota

I moved into my apartment in a pet-allowed building in Dec. of 1996. I signed a lease and paid a security dep. on Nov. 4, 1996. there was no pet deposit but the sec. dep. was $500 while all the other buildings in the complex were $250. I didn't mind that. They have always allowed dogs and cats and some other small animals. Around that time I filled out and signed something that I don't remember the name of and don't have a copy of, but I'm thinking it was the Application form. I described my two cats, one of whom died before I moved in. In 1998, my other cat died and a month later I got another cat whom I still have. All the managers, both in the on-site office and resident managers, have seen that I have had different pets and never said anything about it.

Anyway, for the past several months I've been looking at getting a dog or even two because my apartment is roomy enough and I love animals. I've been searching for a particular breed of dog which is virtually impossible to find in the entire tri-state area unless you go to a breeder. I only want to adopt from a shelter or rescue org. If it weren't for it being so hard to find the kind of dog I want, I would've had a dog(s) by now and this whole issue would be moot.

The point is my lease was just ending May 31 (I've renewed my one-year lease every year) and I decided to renew again in large part because I believed I could have a dog(s) here. I returned my signed lease just this Friday afternoon (the 30th) and even went back again right before the office closed at 5 pm to pay June's rent due to repairing they'll be doing near their office so it'll be harder to get to next week. When I paid June's rent, I asked about the 2 bdrm. apt. rates and the manager said they (apts.) were hard to get due to it being hard for people to find landlords who allow dogs, and then he said he is not accepting dogs anymore. I was shocked. I asked him directly then if that means I could not a get a dog and he said I couldn't. There was nothing sent around about the pet policy changing. They send notices in writing about other things and slip them under the door. When I moved in, a couple down the hallway from me who lived here for several years had two large breed dogs. One of my neighbors has two dogs (which I believe they got after they moved in here cuz they were just puppies when I first saw them), a cat, and a bird, that I know of. They moved in about 2 years or so after I moved here. I asked my neighbor today who just moved in with his dog about 6 months ago if he had signed a paper regarding any limitations on pets. He said he signed something that stated you could have 1 dog, or 1 cat and 1 dog but he couldn't remember what paper it was, either, and it's not mentioned on his lease. On my lease itself, the only mention of pets is a section that asks whether or not pets are allowed and it is marked that they ARE allowed. It also mentions a pet deposit, which is not required and is blank. There are no pet restrictions mentioned on the lease at all. I found a couple of papers from when I first moved in and the only mention I could find of pets was that they are allowed only in the Pet Wing, which is the building I'm in. Obviously, they allowed more than one dog for some time after I moved in and didn't send any notice that was changed to only one dog. They did not send any notice regarding the fact that they were not allowing dogs at all anymore. Obviously, the manager was aware of this change before I renewed my lease. Shouldn't these changes be sent to everyone if everyone has to follow these new rules? Shouldn't they probably be sent with a 30-day notice or something, too? Just a week or so before I renewed my lease, I almost got two dogs from out of state but someone adopted them before me. I wouldn't have known they changed the policy if I'd gotten those dogs. Even if whatever it was I signed before I moved in describing my pets still held water, I don't believe I got a copy of that and wouldn't any pet policy changes still have to be put in writing by management?

This is my first time on any forum and I sincerely apologize for being so long. I'm not sure what all is relevant so I've put in what I thought you might want to know.

Thanks for any advice you can give me.

[JETX]

To the chase..... if your current lease does not prohibit pets, then pets are allowed. However, as soon as this current lease ends, you should assume that they will add a pet ban or decide to not renew your lease.

Thank you for your reply, JETX. I do anticipate that they will do as you said. I am still somewhat concerned about the form I filled out long ago that I think might have been the Application form but am unsure. I don't recall if this had anything in it that states you need their permission for new pets or not. I don't have a copy of this and my new neighbor didn't get a copy of his, either, nor could he remember what it was called. This is one reason why I'm wondering why they did not send out any written notices about the changes in the Pet Policy. Should I be concerned about this form (whatever it is) that I signed prior to or at the time of moving in in 1996?

[HomeGuru]

The application form is not the lease. The written lease is the prevailing contract.

Thank you for your reply also, HomeGuru.

[HomeGuru]

No problem.

I have been trying to find out locally if changes in the pet policy I described earlier need to be in writing. I ended up calling a lawyer, although I'd rather not have to go that route, and he was kind enough to hear the situation and I explained I am unsure of what it was I filled out/signed prior to or when I moved in. He said that the lease itself is the binding contract. My new lease and all prior leases only state that pets are allowed. No restrictions on lease itself. So I called the apartment office and asked why nothing had been sent around in writing re: pet policy changes and the manager kept saying they didn't have to have anything in writing because the people already here "knew the pet policy" and new people were being told no dogs allowed. I told him a lawyer said changes had to be in writing if not on the lease. The manager kept insisting they do not have to have it in writing. I said I'm going to check into this further. About 45 minutes later, he had the on-site manager bring the Pet Agreement which I signed in 1996 where I described my cat at the time. This apparently is the form I said I couldn't remember the name of and didn't have a copy of (until tonight). The manager highlighted where it states that a tenant needs to have permission to get another pet. This was in 1996 and I had no copy of it. Obviously, even if I had remembered this after all these years and sought permission to get a dog prior to renewing my lease and they said they are no longer accepting dogs, I might not have renewed my lease. When I said if a tenant's pet died, did that then mean you couldn't have any more pets and he said I could have another cat but not a dog, due to the NEW POLICY. No matter what, even with seeking permission for another pet, shouldn't changes to the pet policy be made in writing? The Pet Agreement I signed in 1996 allowed dogs. This is why I think any changes should be in writing. I think I should contact a lawyer again. I didn't think this would be so complicated. Do you think I have a chance in h*ll regarding this mess? I'm getting more upset and angrier every day.

By the way, my lease clearly shows I paid a $500 sec. dep. and the Pets section re: pet deposit is blank. On this Pet Agreement, however, it shows the $500 as a pet deposit. These two documents conflict what the $500 was for. On looking for info on legalities of policy changes, I came across the ND Apartment Association, Landord/Tenant section which states the sec. dep. cannot be more than one month's rent. The $500 I paid was higher than my monthly rent for about 5-1/2 years, until my rent went up in the spring of 2002. Not a big different in sec. dep. and former rent amount, but, nonetheless, sec. dep. was higher and this was against the law. Unlike many of the people in this building, I have followed the "rules" and been considered a good tenant (at least up until now).

Thanks again if you have any more advice/suggestions.

I really wouldnt get to upset over this, they will lose in court anyway.

Since your lease allows pets. It is NEW pets that they can force you to get rid of, after the policy has been made, and given in writing to all tenants.

So plan on moving when your lease ends.

[JETX]

More inane and stupid 'pet tricks' from the forum troll....

He said, "Since your lease allows pets."

Yet, the landlord advised the writer at the time of the new lease, "he said he is not accepting dogs anymore".

Guess old "happyroach' (the troll) flunked English comprehension.

lets go back to the video tape:

On my lease itself, the only mention of pets is a section that asks whether or not pets are allowed and it is marked that they ARE allowed. The Pet Agreement I signed in 1996 allowed dogs.


Since there is NOTHING in the lease, or any other agreement signed by both the landlord and the tenant, the lease must prevail. Dogs are allowed Now and for the next 12 months.... but they wont be allowed when your lease comes up for renewal, so then you will have to choose between your dogs or your home.

[JETX]

Troll, as usual, you got your facts screwed up. But to your credit, you eventually did end up where you should have.

This is a NEW lease. The landlord has the right to restrict pets in the NEW lease. The landlord notified the tenant VERBALLY that pets are not allowed. The tenant paid the rent, thereby accepting that limitation.

What was, or wasn't, allowed in the previous lease has no bearing.

Thank you for your replies.

I was only notified verbally about the change in pet policy that dogs are no longer allowed AFTER I renewed and returned my lease, which I did earlier the same day. It was by chance that I found out at all about the change. I happened to ask, after my lease was returned, about two bedroom apartments and in his answer to my question, the landlord mentioned he was no longer accepting dogs. If I hadn't happened to ask about the two bedrooms, I would not have known still, even verbally, about dogs no longer being allowed. My concern is that this Pet Agreement from 1996 that I was not given a copy of until yesterday states we need permission for pets other than what we had when we moved in. It also allows for dogs in that agreement and even if I had remembered that Pet Agreement from 1996, I had no reason to believe I couldn't have a dog since even new tenants have them. This is why I believe their not notifying us in writing took away my choice as to whether or not I wanted to renew my lease based on the fact that they no longer allow dogs. I renewed in large part because I had reason to believe dogs are still allowed. I had no reason to believe otherwise when I renewed my lease.