Pet Agreement Addendum

[CaringforMom]

What is the name of your state? Mass

Hello,
I have lived in a apartment community for 12 years
2 years ago or more they lifted the no pet policy
and allowed animals to live here
When I got my dog management didnt push
the issue of a pet fee managment in the past kinda
did the dont ask dont tell type thing
management knew i had the dog

now the fees has been brought up

to try and make this real short there is new management
i have a neighbor complinging about my dog
so now new management wants pet fees and monthly rent
for the dog plus sign a pet agrrement that was added into
the lease that never agreeed to when t hey lifted the no pet rule

what i am asking is this is it legal to inforce these fees after knowing
i had this dog 2 years ago? they knew the dog was here couple of months ago also
they stated that i have an unautherized dog in my apartment and wanted me to remove him within 48 hours i never recieved that notice they handed me that last week and it was dated for march.
I have all the documents for the dog he is up to date

we think they are doing this to shut the neighbor up hoping i don thave vet documents or the money and i would just get rid of the dog.
I would like to know how they can inforce this on me but others have pets here and not paying these fees, can they make me pay it? if i refuse can they evict me?
I want to keep the dog i just think that they should have everyone sign a paper saying if they have a dog/pet they have to sign pet policy and pay fees too. or get rid of thier pet as they put on me
i hope this makes sense and im hoping someone can help me im suppose to bring paper work to managemnt and sign ther agreement and pay 250.00 and 50 a month for the dog im disabled and on fixed income i want to keep my dog please helpWhat is the name of your state?

 

[Cvillecpm]

TOO long - have doctor prescribe dog for you and claim it is a therapy dog and there should be no fees. Copy prescription * doctor can write it on a prescription pad * send A COPY of it with a letter to mgmt that your doctor has prescribed your dog as a threapy animal and therefore no fees/deposits or additional monies should be required.

If mgmt continues, file a fair housing complaint.

 

[COlandlord]

A landlord is not required to let you have a service animal UNLESS the prescription states that:

1. You are disabled as defined by law and\
2. The requested accomodation/service animal is needed because of the disability.
In addition, having a prescription written for a service animal is against the law(and stupid advise from cvillecpm to advise the tenant to break the law) unless it is true. I see nothing in the post claiming the pet is for disability purposes.

Unless your lease specifically says you are allowed to have pets management can choose to enforce it at any time regardless of how long you have the pet.

 

[LindaP777]

Yes, I too questioned the ethics of a doctor who would right such a prescription.

CaringforMom, the truth is, the LL owns the building and can set their own rules and changes the rules as they see fit. The only thing that would save you is if you have in writing (like your lease) giving permission for you to have a dog. Anything less than that allows the LL to raise the rent, charge for the pet (additional rent and or pet deposit), ask you to get rid of the pet, or give you notice to leave.

I allow pets in some of my rentals (ones with old carpet) and do not allow it in others (new carpet). My choice.

 

[Alaska landlord]

We may not like it as LL's, but the fact is that the tenant does not even need to be disabled to be able to pull this off. A doctor's note or even a social workers note indicating that the tenant needs the pet for his or her own mental well being is valid and would cover the tenant. This is not a blanket cover as the tenant would still have to meet her LL's other rules and regulations. All it would do is void any fee assessment.

 

[soon2bstep]

What is the name of your state? Mass

so now new management wants pet fees and monthly rent
for the dog plus sign a pet agrrement that was added into
the lease that never agreeed to when t hey lifted the no pet rule

it appears that they ammendedtenant leases without having the tenants sign new leases?!

would she not have a recourse in that, as they are imposing fees from a lease she never signed? or was never asked to sign?

 

[Alaska landlord]

According to OP, he has been a tenant for 12 years. The ban on pets has been lifted and in his case management failed to collect pet fees. There has been no amendment to the lease. There has only been change in policy. But, even if there had been an amendment, all management needs to do is notify the tenant in writing of the change (with appropriate notice). Of course it would not apply to tenants with a current lease. Only tenants with expired leases or on a monthly agreement would be subject to the change. These tenants would have the choice of abiding by the new terms or vacating. Cville’s suggestion is a viable alternative. The other is to pay the fee that management failed to collect two years ago. OP has to consider that even with a Doctors note he still has the problem of a barking dog that is causing a nuisance and is something that management can use to force him to either vacate the unit or get rid of the dog. A disabled tenants right under ADA to have a dog does not extend to depriving others of their right to peace and quiet.

 

[CaringforMom]

hi everyone
just a little confused with the differnt responses

so a doctors note saying i need the dog for medcal reasons/mental wellbeing isnt going ot work?
I need him for companionhip

also i do not believe a lease has ever been signed agreeing to new pet fees

so in order to make new pet fees legal the managemnt needs to wait until lease is up
to ask for these fees or be asked to vacate?

I am disabled by law and collect ssdi

year and half ago i moved from second floor to 1st floor for disablity reasons so im sure management is aware that i am disabled
Thanks

 

[Alaska landlord]

1. a Doctors will work. You need not tell them anything regarding your disability. Only that you are asserting your rights under ADA. It may be that you will have to give them a copy of ADA allot of LL's are unaware of ADA regulations.

2. From your post I think you have indicated that 2 years ago the fees were instituted. That means that you owe the fees. Only notice you would need if you fail to get a waiver would by pay or quit.

 

[COlandlord]

A landlord has the right to verify the following information:
1. You are disabled as defined by law and\
2. The requested accomodation/service animal is needed because of the disability.

Strictly "informing your landlord that you are asserting your rights under the ADA" is not sufficient.

 

[Alaska landlord]

A landlord has the right to verify the following information:
1. You are disabled as defined by law and\
2. The requested accomodation/service animal is needed because of the disability.

Strictly "informing your landlord that you are asserting your rights under the ADA" is not sufficient.

Yes, and tenant need only say; Yes

2. Disability need only be named if challenged IN court by landlord and only if Judge asks.

 

[COlandlord]

Although the nature of the disability does not have to be disclosed, I am respectively disagreeing with Alaska landlord...the tenant doesn't verify he is disabled as defined by law...the healthcare provider or someone qualified to make that determination, verifies the infomation.

 

[ErinGoBragh]

hi everyone
just a little confused with the differnt responses

so a doctors note saying i need the dog for medcal reasons/mental wellbeing isnt going ot work?
I need him for companionhip

also i do not believe a lease has ever been signed agreeing to new pet fees

so in order to make new pet fees legal the managemnt needs to wait until lease is up
to ask for these fees or be asked to vacate?

I am disabled by law and collect ssdi

year and half ago i moved from second floor to 1st floor for disablity reasons so im sure management is aware that i am disabled
Thanks

Last I checked though, therapy dogs weren't covered under ADA.. just seeing eye dogs and other animals trained to perform certain tasks.

Please see this link to verify:

http://www.iaadp.org/iaadp-ada-training-requirements.html

But unless the dog is trained to retrieve medications, prevent people from crowding the owner, etc, just having a dog that makes you happy by letting you pet it does NOT qualify.

http://bipolar.about.com/od/disability/a/servicedogs.htm

Sorry, but "I need him for companionship" does NOT cut it in the legal realm, and you have no standing to claim that this dog is necessary due to your disability.

 

[MIRAKALES]

It is not clear that a “special needs” dog would exempt tenant from the pet fee requirement.
Management can enforce the lease agreement at any point in time. Tenant cannot violate the lease agreement by housing pets regardless of whether lease clauses were/are not enforced throughout tenancy. Management is still able to enforce and collect pet fees now that management has allowed pets to occupy the premises.

 

[Alaska landlord]

Only difference between service dogs and therapy dogs is that therapy dogs can be barred from public places.