Pet deposit

[jrh1337]

What is the name of your state (only U.S. law)? Utah

My fiance and I moved into a new apartment complex in February 2009. We stated on our application that we have cats (which are allowed by the complex). On the lease we signed, it states that there was $0 (yes, zero) pet deposit and $0 monthly pet fee. Admittedly, we had driven nearly 1000 miles overnight without sleep, and being exhausted, failed to notice this. Now, 8 months later, the rental office has informed us that they did not know we had pets and is charging us a pet deposit and monthly pet fee. They state that we were "lucky" to have gone this long without getting "caught" and that if we do not pay our lease will be terminated (at our expense) and we will be given a 3 day pay-or-quit.

I feel that it's a little unjust for them to suddenly demand payment of a pet deposit ($300) and monthly fee ($30/month), when on our lease, it states that we are not required to pay either. Keep in mind, we have copies of our application that clearly state we have pets before they even accepted us.

Are we required to pay this? And, if so, shouldn't the lease need to be revised?

 

[sandyclaus]

What is the name of your state (only U.S. law)? Utah

My fiance and I moved into a new apartment complex in February 2009. We stated on our application that we have cats (which are allowed by the complex). On the lease we signed, it states that there was $0 (yes, zero) pet deposit and $0 monthly pet fee. Admittedly, we had driven nearly 1000 miles overnight without sleep, and being exhausted, failed to notice this. Now, 8 months later, the rental office has informed us that they did not know we had pets and is charging us a pet deposit and monthly pet fee. They state that we were "lucky" to have gone this long without getting "caught" and that if we do not pay our lease will be terminated (at our expense) and we will be given a 3 day pay-or-quit.

I feel that it's a little unjust for them to suddenly demand payment of a pet deposit ($300) and monthly fee ($30/month), when on our lease, it states that we are not required to pay either. Keep in mind, we have copies of our application that clearly state we have pets before they even accepted us.

Are we required to pay this? And, if so, shouldn't the lease need to be revised?

If you DO have the application copy, and it clearly states you have the pets, and the lease does not reflect this, the LL is out of luck until the end of the lease term. They cannot make unilateral changes and demand extra deposits/charges that were not agreed upon in original lease you signed. Their oversight is not your problem.

In UT, the LL can serve a 3 day pay or quit notice only if there are unpaid deposits, rent, or other fees due that are specifically identified in the existing lease. I trust you also have a copy of the signed lease? Do you have receipts showing payment in full of all of the rent & deposits? If your rent & deposits are paid to date according to the lease terms, the notice would not stand up in court.

If he elects instead to serve a 3 day vacate or comply notice, again, your application proves that the LL was notified of the pets, neglected to include deposits & fees in the lease, so you are not in breach of the lease terms.

If LL decides to terminate your lease early, then they are breaking the lease and there are other remedies available to you under the law, including possible relocation costs.

Just as you would be held to an oversight if you hadn't read the lease and agreed to something, so is the LL. They are stuck with their mistake until the lease expires. They will likely either non-renew the lease, or if they do, expect those fees & deposits in the lease renewal.

 

[jrh1337]

I do have both a copy of the application and a copy of the lease, as well as copies of receipts from our security deposit and monthly rent. I went over the lease agreement again to make sure there was nothing I missed - it clearly states there is no pet deposit, no monthly pet fees, and has a set amount of rent we are required to pay.

Thank you so much for you advice! I look forward to telling them to bug off.

 

[JETX]

Are we required to pay this? And, if so, shouldn't the lease need to be revised?

It really doesn't matter if they made a mistake in not charging pet deposit or fees. The MISSING critical issue is... What does your lease say (if anything) about pets?? Are they allowed or excluded??
THAT is the answer to your question.

If allowed (or silent) in the lease, they can't 'correct' their mistake and now charge you.
If NOT allowed and you have pets, you're in breach.

 

[jrh1337]

Pets ARE allowed in our complex. And, as I stated, they were listed on our rental application - we even listed their breed and weight.

On our lease agreement (in 2 separate locations), the LL wrote down $0 for pet deposit and $0 for monthly fee. They did not write n/a, or no pets, or anything of the sort. It was written in for $0. Signed, dated, copied and filed.

Also - they did not actually submit this to us in writing. It was all verbalized in the rental office. So, technically, even if I were required to pay, by state law, I have 60 days to comply after I received notice in the mail (I've been doing some research) - which we have not received.