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my son and i rented a condo, the owner allowed us to have a…

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my son and i rented...
my son and i rented a condo, the owner allowed us to have a dog and charged us a $300 pet deposisit this was on 4/1/10 . the home ouwners assoication allows owners to have a pet but not renters , and fined the home owner for allowing a pet and the home ower charged us with the fine and told us the remove the pet. is this legal and is there anything we can do. the pet is like a part of our family

thanks frank dye
Submitted: 8 years ago.Category: Real Estate Law
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6/30/2010
Real Estate Lawyer: KimberlyLaw, Attorney and Real Estate Broker replied 8 years ago
KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4,237
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Hello. Sorry to hear about your situation.

If the pet was allowed and written into the lease, then it was the condo owner's fault that he wasn't in compliance with the rules. I would actually demand to be released from the lease and have him pay your expenses to move to another apartment.

And you definitely shouldn't have to pay for the charge that the board charged him because of HIS mistake!

By the way, I rescue dogs, so I certainly understand your situation and wish you the best.

Kimberly
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Customer reply replied 8 years ago
we dont want to move we want to sue the home owners association for discremating between owner and renter and sue the landlord as well for a breach in contract
Real Estate Lawyer: KimberlyLaw, Attorney and Real Estate Broker replied 8 years ago
Sorry, but that won't work. They are allowed to make this rule, and in fact it is extremely common. You can't really fight the HOA, so it will be very unlikely for you to be able to stay with your dog. The only thing I can think of is sending them a detailed letter attaching your lease showing the dog is allowed and requesting an exception in this situation because you already moved in. You might have to offer them a fee for that as well, but that's your best shot.

Kimberly
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