Pet deposit

[Williams1224]

What is the name of your state? Georgia

Hello all!

So, I signed a lease 3 months ago for a home and on my application I clearly listed that I have two miniature schnauzers. My dogs even came with me to the walk through with the leasing agent, so I assumed the company was well aware we had pets. On my lease it says $0.00 pet deposit and $0.00 pet rent. All parties signed and agreed. Fast forward to today. I had my 3rd maintenance call to the home for an unrelated toilet leak (previous two were great. The other guys that came to work previously even played with my dogs!), and the maintenance worker sent a message to the rental company that we have two dogs. I get a notice saying, “You added pets to your home, you owe us $400 pet deposit and $35 a month pet fee. I immediately called the rental company and told them I have never hidden the fact that I had dogs and that I even listed it on our application. Two people (leasing agent AND manager) stated that they made a mistake by not noting on the lease that I had pets, but that my application indeed showed that I listed my pups. Their solution to their mistake was to “only” charge me $250 instead of $400 and to start charging the $35 pet rent next month. To be nice, I verbally stated that I would pay the $35 a month to meet them in the middle, but that the pet deposit was unfair to blindside me with. They disagreed and said that $250 was “the least that you owe us”.

Can they do this?

 

[Zigner]

Are the dogs listed on your lease?

 

[Williams1224]

Are the dogs listed on your lease?

There is no mention of them in the lease, meaning there was no place for them to list them. The only place in the lease that mentions pets is the amounts paid for pet deposits/monthly pet rent (both say $0.00). There’s no blank spot to put 2 pets, dogs, etc like on other leases

 

[Williams1224]

Also note, I added dog bite insurance at their request and sent them the updated waiver with that information

 

[Whoops2u]

There is no mention of them in the lease, meaning there was no place for them to list them. The only place in the lease that mentions pets is the amounts paid for pet deposits/monthly pet rent (both say $0.00). There’s no blank spot to put 2 pets, dogs, etc like on other leases

Can you type out the specific clause(s) that have to do with pets? Something like:
Pet Fee- Tenant agrees to pay a non-refundable pet fee in the amount of US$____________ if pets are allowed to occupy the Property. This fee shall be in addition to the cost of any damage caused by Tenant’s pet and shall not be used to offset any charges for the repair of said damage.

 

[Williams1224]

Can you type out the specific clause(s) that have to do with pets? Something like:
Pet Fee- Tenant agrees to pay a non-refundable pet fee in the amount of US$____________ if pets are allowed to occupy the Property. This fee shall be in addition to the cost of any damage caused by Tenant’s pet and shall not be used to offset any charges for the repair of said damage.

On the payment and monies due portion it says “Pet rent shallots be paid by resident to landlord in the amount of $0.00 per month as additional rent, along with the base monthly rent.” The next section that mentions pets , petsays
“Total monies due: Pet deposit: $0.00
Pet fee: $0.00”

The only other section that mentions animals in the lease says

“Animals-

Resident shall not bring any dog, cat, bird, reptile, rodent, insect, pet, or animal into the residence at any time without the landlord’s prior written consent. Landlord reserves the right to refuse authorization at its sole discretion including breed restrictions. DNA testing may be required for dogs suspected of containing Pit Bull or Rottweiler blood lines. In the event the animals are approved, the resident must abide by the pet addendum. Resident is liable for all claims and damages relating to pets in the residence.”

 

[Zigner]

“Animals-

Resident shall not bring any dog, cat, bird, reptile, rodent, insect, pet, or animal into the residence at any time without the landlord’s prior written consent. Landlord reserves the right to refuse authorization at its sole discretion including breed restrictions. DNA testing may be required for dogs suspected of containing Pit Bull or Rottweiler blood lines. In the event the animals are approved, the resident must abide by the pet addendum. Resident is liable for all claims and damages relating to pets in the residence.”

Well, THAT would have been nice to know earlier in the thread. You can't have the dogs without their written permission. To get that permission, you need to follow their rules, including the money to be paid.

 

[xylene]

Do you have the landlord's prior written consent?

I think you should pay the 250 and 35 monthly and be grateful you got a deal and didn't have to pay 3 months.

 

[Ohiogal]

Do you have their written consent to have the dogs?

 

[PayrollHRGuy]

A reasonable person that had two dogs and was handed a lease to sign that showed $0.00 for the pet deposit and $0.00 for the monthly fee would have said, "Wait, I do have dogs."

 

[Williams1224]

A reasonable person that had two dogs and was handed a lease to sign that showed $0.00 for the pet deposit and $0.00 for the monthly fee would have said, "Wait, I do have dogs."

I did mention it to my leasing agent at the time and she stated not to worry. She obviously no longer works there. There was never a mention of a pet deposit or pet rent in the application, so how would i know?

 

[reenzz]

“Resident shall not bring any dog, cat, bird, reptile, rodent, insect, pet, or animal into the residence at any time without the landlord’s prior written consent. Landlord reserves the right to refuse authorization at its sole discretion including breed restrictions. DNA testing may be required for dogs suspected of containing Pit Bull or Rottweiler blood lines. In the event the animals are approved, the resident must abide by the pet addendum. Resident is liable for all claims and damages relating to pets in the residence.”

You should of known when you read this clause in you’re lease.

 

[HRZ]

In general the written lease is going to trump any agents oral comments about don't worry about pets or the clear physical presence of the pets during the sign up steps ...odds are someplace in the lease there is language to point that just the written lease counts.

I don't see any leverage on your side that fees were waived etc. and if push comes to shove...the LL could refuse to allow them ...

OF course some judge could rule that LL is bound by its agents failure to include known dogs ...but I'd not want to hold my breath on that point.

 

[PayrollHRGuy]

I did mention it to my leasing agent at the time and she stated not to worry. She obviously no longer works there. There was never a mention of a pet deposit or pet rent in the application, so how would i know?

In the future if anyone says,"Don't worry about it" when you ask a question about something in a legal document that you are about to sign take that as a clue that you REALLY need to worry about it and stop the signing process.

 

[HRZ]

Its a stretch, but then again ambiguities run against the drafting person or his agent.

IF the pet deposit and pet rental had been left blank or filled with a ' not applicable " then it would be clear that the pets were not in the equation but that NOT what LLs agent did, she filled in each with a $0.0 (per OP) and that creates an ambiguity as to if the fees and deposits were were set at zero for the two small dogs. The agent has the apparent authority to set terms and by setting deposit and rent at $0.0 and not seeking further written permission , I suspect a good lawyer could convince a judge that LLs agent bound the deal at $0 $0