Any insight to leasing?

rebecky27
rebecky27 Posts: 842 Member
edited December 21 in Chit-Chat
I am renewing my lease with my landlord. We are entering our 4th year there. With the new lease agreement, she included a Pet Addendum. We have had the same two pets we had when we moved in. There was a 2nd sign off sheet stating that we currently own two dogs, and any additional pets must be disclosed on the new Pet Addendum.

I did not sign off on the sheet stating we had two dogs, because that is incorrect. We never had two dogs, just the one dog and the one cat. Instead of signing that paper, I noted the discrepency. Since we have not added any pets to our household in 4 years, I did not fill out the Pet Addendum.

My landlord texted me, stating that I must fill out the Pet Addendum, even though we still have the same pets. I wouldn't object ordinarily, but I noticed that there is a new statement on it. It says ALL pets MUST be crated when owners are not home. This was not on the original Pet Addendum when we signed the lease. I would have noticed that!

All pets includes my cat. He is 17 years old and never has been crated with the exception of going in the car - which he makes all sorts of fuss. I am NOT crating him.

My dog we tried to crate train - but she got so stressed, that she started losing her fur and had many bald patches. I cannot crate her either. She is a very lazy dog, and content to lay on the couch or floor all day. She does not damage anything, besides getting into the garbage if my son forgets to empty it the night before. Can I refuse to sign legally? Is there any verbage I can put on there to state I cannot crate my pets? It's never been a requirement before so why should it be 4 years into our landlord/tenant relationship?

Please help! Thank you!

Replies

  • myfitnessnmhoy
    myfitnessnmhoy Posts: 2,105 Member
    Technically the new lease is a new contract, so your landlord can add whatever terms they want.

    However, does it state what the penalties are if you violate this Addendum? Generally, there's some sort of "if your pets get out of their crate and do damage, you are liable for that damage" provision. You may be able to remove the condition if you are willing to accept any pet-related damage regardless of any precautions you took.

    However, many landlords prefer pets to be crated because they might have to come in to the apartment, and they don't want the risk of the animal attacking them and/or escaping. The crating is to give them a safe and predictable environment to enter, and so they aren't running the risk of letting your critters loose by mistake when they come in. They usually do reserve the right to enter the premises at will for maintenance, etc.

    I'd go and talk to your landlord in person. See if you can work something out. Try to understand why they are insisting on this provision and see if there is a way around it. You've been (I presume) a good tenant who has paid on time for 4 years. They may be willing to put a sign on your door telling maintenance that you must be present when they enter, and waive the normal Addendum (with the understanding that, for example, if there's a plumbing disaster and Maintenance cannot legally enter your apartment to resolve it, you may be liable for significant amounts of damage).
  • odusgolp
    odusgolp Posts: 10,477 Member
    Technically the new lease is a new contract, so your landlord can add whatever terms they want.

    However, many landlords prefer pets to be crated because they might have to come in to the apartment, and they don't want the risk of the animal attacking them and/or escaping. The crating is to give them a safe and predictable environment to enter, and so they aren't running the risk of letting your critters loose by mistake when they come in. They usually do reserve the right to enter the premises at will for maintenance, etc.

    I don't know where you live, but generally it is ILLEGAL for a landlord to enter your premises without 24 hours notice (more in some states). You, then, can be present for them to enter and care for the pets.

    I wouldn't crate mine either.
  • jplucheck
    jplucheck Posts: 275 Member
    Unfortunately since your lease is up and you are signing a new, the landlord has full legal right to change or add any lines they feel necessary. You can refuse to sign the addendum but they have the right in turn to give you 30 day notice to vacate the premises. If you have a current lease that is “live” you can refuse to add anything until the lease expires without penalty.
    I think the best way would be to invite her over for coffee or whatever, so one you can talk about the situation and two she can meet your pets, they might be willing to change some of the wording at that point.
    Hope this helps!
  • jplucheck
    jplucheck Posts: 275 Member


    However, many landlords prefer pets to be crated because they might have to come in to the apartment, and they don't want the risk of the animal attacking them and/or escaping. The crating is to give them a safe and predictable environment to enter, and so they aren't running the risk of letting your critters loose by mistake when they come in. They usually do reserve the right to enter the premises at will for maintenance, etc.

    Landlords are not allowed to just "enter the premisies" without prior notice!!!!
  • rebecky27
    rebecky27 Posts: 842 Member

    I don't know where you live, but generally it is ILLEGAL for a landlord to enter your premises without 24 hours notice (more in some states). You, then, can be present for them to enter and care for the pets.

    I wouldn't crate mine either.
    Yes, where I live we have that 24 hours notice mandate. When she has had to enter the house, she gave us the advance notice, and I just put my dog into the (pretty good-sized) walk-in closet of my bedroom and shut the door. She called when they were done so I could let her out. I live close to work so I could do that.
  • karins4
    karins4 Posts: 50 Member
    As someone stated, since it is a new lease they can make changes. You should also be able to negotiate the terms before signing anything though. Hopefully you can come to an agreement and if you do make sure it is in writing! Don't sign something saying you will crate your animals but have a verbal agreement that you don't have to. You don't want the landlord to later say you signed the agreement but didn't crate them. If they deny your verbal agreement it becomes hard to prove without witnesses so protect yourself.
This discussion has been closed.

Categories