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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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My daughter signed a lease that stated Property owner could

Resolved Question:

My daughter signed a lease that stated Property owner could charge extra $300/month for having a pet if not approved. She adopted a pet over the summer and when requesting approval they said that for this particular property they would not approve it, therefore would charge $300 extra if she had one. Is there any option at this time for her besides paying the fee or finding a home for her pet?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question and thank you most kindly for requesting me to assist you with your concerns.

Three questions if I may. First, this clause was exprssly in her lease agreement, so it was not a surprise to your daughter? Second, why was the pet not approved, what was the issue? Third, this is jus a pet and not a service animal or anything like that, correct?
Customer: replied 1 year ago.

The location is in OK. They clause was in the agreement and not a surprise but written as to think that it would be approved just a formality. Upon calling them they said that they only approve certain properties that have fences, etc, and not all properties they own are pet eligible. It is just a pet, that my daughter found during summer school. (did not own at time of lease signing or moving in) It was only not approved because they said that in this particular lease house they don't allow it. When my daughter moved in there were fleas in the carpet because prior tenant had a cat with fleas and my daughter saw the cat when previewing the apartment. They replaced the carpet prior to move in due to the fleas.


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Marcia, thank you for your follow-up.

Typically what governs in this instance are the contractual terms first. So if the language was clear in a sense it stated that permission and approval but be secured first, the limitation placed here would be reasonable. Fighting it on that basis would not work. Second, if the property is not 'dog' friendly for whatever reason (properties may be cat friendly and not dog friendly due to lack of a backyard as an example), denying her the pet is not a violation as well. That likewise would permit her to have the dog. The only remaining solution is if at all possible to see if she could somehow register this as a 'service animal', since such animals are not considered pets and can remain on premises where pets are generally not allowed. Otherwise this is a situation where your daughter would need to remove the pet from the premises, as the landlord is within his right to deny her the ability to have this pet living with her.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38601
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dimitry K., Esq.
Dimitry K., Esq.
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Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.