New Home, New Problems

[dharvell]

State: Michigan
County: Ottawa

We just moved into a manufactured home that is located in a community. When we signed our lease, the community had a promotion running that, if you were moving in without a pet, the deposit would be $299 plus a $99 closing fee. If you were moving in WITH a pet, the deposit would be the full amount of $999. We moved in without a pet and paid the $299 plus $99 closing. Once we were settled in, we decided to get a pet dog. We informed the office about it and, as outlined in the lease, agreed to pay the extra $25 per month pet fee.

After a month of living in our new home, we received a call from the leasing office. It was a leasing officer that was appointed to call residents that moved into the community within the past year that have also decided to get pets, once moved in (like my family). The reason for the call is that the corporate body that owns the community in which we moved has issued a "pet addendum" to our lease stating that those who have decided to get a pet and paid a discounted deposit must pay the difference between the normal deposit and the discounted deposit (in our case, $700). The leasing officer that gave me this news, over the phone, confirmed a few facts that I pointed out:

Fact #1: There was NO language in the original lease that both parties signed that discusses an additional deposit for those that decide to get a pet, once moved in. The only language, in the lease, about pets is that if you choose to get a pet, your monthly rent will increase by $25 per month (which we agreed to, without reservation).

Fact #2: The leasing officer I talked to confirmed that there was no discussion about an additional deposit when we were in talks, before moving into the new home.

This leads me to ask:

1. Once both parties sign a lease (which, of course, is a legally binding agreement), can a landlord demand extra money that was not discussed within the original lease, by simply issuing a "pet addendum" that the corporate office claims is mandatory for the client to sign, or else they must either move out, or get rid of the pet?

2. If the landlord DOES have the authority to do #1, does the deposit have to be a "reasonable" amount?

3. If the answer to #2 is "yes", does $700 count as a "reasonable amount"?

Any light you can shed on this situation would be most appreciated. Of course, if you need more information, please let me know and I will try to provide what you need.

 

[LdiJ]

State: Michigan
County: Ottawa

We just moved into a manufactured home that is located in a community. When we signed our lease, the community had a promotion running that, if you were moving in without a pet, the deposit would be $299 plus a $99 closing fee. If you were moving in WITH a pet, the deposit would be the full amount of $999. We moved in without a pet and paid the $299 plus $99 closing. Once we were settled in, we decided to get a pet dog. We informed the office about it and, as outlined in the lease, agreed to pay the extra $25 per month pet fee.

After a month of living in our new home, we received a call from the leasing office. It was a leasing officer that was appointed to call residents that moved into the community within the past year that have also decided to get pets, once moved in (like my family). The reason for the call is that the corporate body that owns the community in which we moved has issued a "pet addendum" to our lease stating that those who have decided to get a pet and paid a discounted deposit must pay the difference between the normal deposit and the discounted deposit (in our case, $700). The leasing officer that gave me this news, over the phone, confirmed a few facts that I pointed out:

Fact #1: There was NO language in the original lease that both parties signed that discusses an additional deposit for those that decide to get a pet, once moved in. The only language, in the lease, about pets is that if you choose to get a pet, your monthly rent will increase by $25 per month (which we agreed to, without reservation).

Fact #2: The leasing officer I talked to confirmed that there was no discussion about an additional deposit when we were in talks, before moving into the new home.

This leads me to ask:

1. Once both parties sign a lease (which, of course, is a legally binding agreement), can a landlord demand extra money that was not discussed within the original lease, by simply issuing a "pet addendum" that the corporate office claims is mandatory for the client to sign, or else they must either move out, or get rid of the pet?

2. If the landlord DOES have the authority to do #1, does the deposit have to be a "reasonable" amount?

3. If the answer to #2 is "yes", does $700 count as a "reasonable amount"?

Any light you can shed on this situation would be most appreciated. Of course, if you need more information, please let me know and I will try to provide what you need.

Any addendum to a lease cannot be added without the signatures of all the parties. Therefore no, they cannot add any addendum without your agreement.

However, they may not need an addendum to require that you pay the extra 700.00 deposit. The exact language regarding the deposits would be necessary to assess that.

 

[OHRoadwarrior]

I suggest you consult your lease regarding permitted amendments. I also suggest you refer to it, regarding tenant fraudulent misrepresentation.

 

[dharvell]

LdiJ - Thank you for your answer. I plan on going into the lease office on Tuesday (after the holiday) and going over the specific part of the lease that discusses pets. Looking at my copy of the lease, no pet deposit is mentioned - only a $25 per month increase in the monthly rent.

 

[dharvell]

OHRoadwarrior - Perhaps I am misunderstanding your answer, but I fail to see how deciding to get a pet in a leased home that is "pet friendly" constitutes tenant fraudulent misrepresentation...?

 

[Proserpina]

OHRoadwarrior - Perhaps I am misunderstanding your answer, but I fail to see how deciding to get a pet in a leased home that is "pet friendly" constitutes tenant fraudulent misrepresentation...?

Likely the timing. You move in, without a pet, and a month later bingo! A pet.

 

[Searchertwin]

OHRoadwarrior - Perhaps I am misunderstanding your answer, but I fail to see how deciding to get a pet in a leased home that is "pet friendly" constitutes tenant fraudulent misrepresentation...?

The reason you "misunderstood', is because you got caught.

Which reminded me of playing cards with 7 year old granddaughter this weekend. She pointed her fingers at me and yelled, "BOOM!" when she caught me cheating at playing her "version" of cards.

So picture me pointing fingers at you and yelling, "BOOM!"

Of course we laughed and had a good time, but you will probably end up crying.

 

[sandyclaus]

By moving the pet in AFTER the lease is signed, it seems to me that OPs intent was to try to get out of the additional deposit requirement for having it. I don't buy for a minute that they just suddenly decided to get the pet after the fact, but instead tried to cleverly take advantage of the significant deposit reduction for not having one when they signed the lease.

I'm just wondering if that signed lease specifies that NO PETS were going to be occupying the premises when they moved in? If so, just having the pet on the premises should be a violation of the lease and could subject them to termination of the lease. Of course, that addendum would be entirely appropriate then, in order to legitimize the additional 4-footed occupant and keep them from having to move out. In such a situation, NOT signing the addendum just reinforces the management's position and gives them a reason to terminate the lease.

 

[AnonUserName]

Any addendum to a lease cannot be added without the signatures of all the parties. Therefore no, they cannot add any addendum without your agreement.

However, they may not need an addendum to require that you pay the extra 700.00 deposit. The exact language regarding the deposits would be necessary to assess that.

If you could post the language of your lease, we could better advise you. Without it, it's anyone's guess.

 

[LdiJ]

By moving the pet in AFTER the lease is signed, it seems to me that OPs intent was to try to get out of the additional deposit requirement for having it. I don't buy for a minute that they just suddenly decided to get the pet after the fact, but instead tried to cleverly take advantage of the significant deposit reduction for not having one when they signed the lease.

I'm just wondering if that signed lease specifies that NO PETS were going to be occupying the premises when they moved in? If so, just having the pet on the premises should be a violation of the lease and could subject them to termination of the lease. Of course, that addendum would be entirely appropriate then, in order to legitimize the additional 4-footed occupant and keep them from having to move out. In such a situation, NOT signing the addendum just reinforces the management's position and gives them a reason to terminate the lease.

Again, the exact wording of the OP's lease matters...which has not been provided. However, the message from the management was as such:

The reason for the call is that the corporate body that owns the community in which we moved has issued a "pet addendum" to our lease stating that those who have decided to get a pet and paid a discounted deposit must pay the difference between the normal deposit and the discounted deposit (in our case, $700)

The corporate body cannot add such an addendum on their own. It requires the signature of all the parties to the lease. The management did not tell them that if they did not sign the addendum that they would have to get rid of the pet.

 

[TigerD]

Which reminded me of playing cards with 7 year old granddaughter this weekend. She pointed her fingers at me and yelled, "BOOM!" when she caught me cheating at playing her "version" of cards.

You cheated at cards against a 7-year-old? Really?



DC

 

[Searchertwin]

You cheated at cards against a 7-year-old? Really?



DC

Well, in all fairness, she started it!!!

 

[dharvell]

Ooo, yeah. You all caught me. We moved from a place that didn't allow pets to a place that did. So, as an agreement to my daughters, as soon as we settled into our new place, we got a dog, as promised. The lease made no mention of additional deposits, for pets. I thought this was a help site, not amateur hour.

For those of you who ARE making an attempt to help, by requesting the language of our lease, thank you for your time. Here is the part of our lease that mentions pets. No other mention is made:

SECURITY DEPOSIT: A security deposit in the amount of $299.00 is due and payable upon signing of this Agreement for the faithful performance of all items and conditions of this Agreement and the Community Rules and Regulations.

PETS: Tenant may have one (1) registered "domesticated" pet per household with the prior written approval of Landlord. A monthly charge, as contained in the section of this Lease entitled "Monthly Charges", will be assessed to Tenant for the approved pet. Tenant is solely and totally responsible for the behavior of their pets. Noisy, unruly, or dangerous pets, those commonly known for aggressive behavior, as well as exotic pets will not be allowed in Community. Management shall have the final determination as to the acceptability of any pet. Failure to abide by the Rules and Regulations of the Community will result in the loss of this privilege.

We paid the $299 security deposit, plus a $99 closing fee. We have accepted the additional $25 per month that was added to our rent, for having a pet. No other mention to additional fees, or deposits are made, anywhere (no other language pertaining to pets, or any other extra fees, of any kind). However, they are now demanding that, since we DID get a pet (as it was allowed by our lease), they suddenly want to nail us for an additional $700 that is not mentioned anywhere in the lease.

 

[OHRoadwarrior]

If you were moving in WITH a pet, the deposit would be the full amount of $999. We moved in without a pet and paid the $299 plus $99 closing.

Yep, we sure did. You intentionally failed to disclose you were purchasing a pet to avoid the deposit. BTW, they caught you also.

faithful performance of all items and conditions of this Agreement and the Community Rules and Regulations.

You were not very faithful.

 

[tranquility]

Ooo, yeah. You all caught me. We moved from a place that didn't allow pets to a place that did. So, as an agreement to my daughters, as soon as we settled into our new place, we got a dog, as promised. The lease made no mention of additional deposits, for pets. I thought this was a help site, not amateur hour.

For those of you who ARE making an attempt to help, by requesting the language of our lease, thank you for your time. Here is the part of our lease that mentions pets. No other mention is made:



We paid the $299 security deposit, plus a $99 closing fee. We have accepted the additional $25 per month that was added to our rent, for having a pet. No other mention to additional fees, or deposits are made, anywhere (no other language pertaining to pets, or any other extra fees, of any kind). However, they are now demanding that, since we DID get a pet (as it was allowed by our lease), they suddenly want to nail us for an additional $700 that is not mentioned anywhere in the lease.

Well, you have two problems I see. One has to do with prior written approval of the landlord. I see you wrote you informed the office. Did they give you written approval? The other has to do with what "Management shall have the final determination as to the acceptability of any pet. Failure to abide by the Rules and Regulations of the Community will result in the loss of this privilege." means. The rules and regulations of the community might change over time. That they do does not really change your lease. An example would be if there was a pool and, when you moved in, they said the pool closes at 10. Later they change the time to 9. That would not be a breach of the lease with similar wording on pool rules. As well, what happens if they find your pet unacceptable without the additional deposit?