My apartment complex said I have until Friday to pay a pet fee. Can they do this?

Question

I moved in this complex in May 04 & was given a kitten as a present a few months later. My lease says you have to pay a 200 pet deposit. I decided to move at the end of my lease in Nov. of 2005. My rental history was perfect but they said that I had an illegal pet. I never paid the deposit & they never asked. I eventually changed my mind and signed a new lease. They were fully aware that I still had a cat, but they never asked me to pay a pet deposit. Nov.06 I moved out of the complex and actually moved back in the complex into a new townhouse a few days later (there was a problem at the new property). Again they were aware when I signed the lease that I still had my cat. There was a note on my door today saying they recently had a property inspection and that per my lease I had to pay 200-300 by this Friday. The complex is owned by the same property, but has a new manager. Can they do this? They were aware that I had a pet when I signed 2 leases and they didn't ask me to pay a deposit

Thank you for your answers.

1. Me deciding to move had nothing to do with the pet deposit. I wasn't trying to get out paying the deposit. When I moved here I didn't have a pet. I was given her as a gift months into my lease.

2. The deposit is not refundable. She has not destroyed or damaged anything in this apartment or my previous one (same property different apt)

3. I think 3 days notice is unacceptable and unfair.

4. It's not so much as having to pay the deposit as it is the timing. I don't think it's fair that 4 months into a 12 month lease they spring this on me.

I'm going to speak with them today to find out what options I have and what options they have.

Answer 1

While yes, a landlords action or inaction can affect their ability to enforce a lease as the above poster says, unfortunately she is just telling you that because thats the answer you want to hear.

Your lease is relatively new (Nov 06). What your landlord did during prior leases (2004-2006) has no bearing on your current lease. Would you be able to prove to a judge that the landlord knew of your pet when you signed your Nov 06 lease and approved of it being there without a deposit being made? Most leases either say "no pets" or have a line where the allowed pets are specified on the lease. So unless your pet is on the lease, you will have a heck of a time proving that your landlord knew of the pet and agreed to its presence without collecting a pet deposit.

Also, most leases have a phrase in them that states that the landlord can chose not to exercise its remedies without being prevented from doing so in the future. This wording specifically makes what the above poster said ineffective.

So bottom line, is you need to honor the lease that you signed and pay the deposit. Could be worse, the property could not allow pets, and they could make you move.

Answer 2

Not only do you owe the pet deposit, you should happily pay it by Friday. If you simply can't afford it. Go talk to them, and pay what you can. You might even want to read your lease again before you talk to them. Most leases actually have penalty fees, sometimes a daily charge, that can charged for not paying the pet deposit before moving the pet in.

Be grateful that the previous manager didn't charge you, that was really nice, but you can't expect the new manager to continue to bend the rules.

All that said, it never hurts to ask. Once you have reread your lease so you know what they can legal do about it, then you might want to go down and explain that the previous manager had waived the deposit for you because you've been there for years. They probably won't waive the fee for you, but hopefully they will see how unfair it is to just spring it on you and give you more time to come up with it. However they may not so be prepared. Good Luck!

Answer 3

I think you were just lucky that you kept sliding by without them pursuing the pet deposit. If the lease you signed says that you agreed to pay a pet deposit, you have a legal obligation to do so.

How did they come up with Friday as the day it's due? I don't know if that is legal. Perhaps they should give you 30 days notice or expect the deposit the next time you pay your rent. That's going to vary depending on the state you live in. Legal Aid is very good about giving tenant advice. You could check with legal aid. They're in the phone book.

If Friday is a problem for you financially, you might talk to the management and ask them if they could give you a certain amount of time in which to get the money. Thirty days? Next time the rent is due? It doesn't hurt to ask in a polite way. They may be willing to work with you.

Answer 4

If they dont knock on your door every month and ask for the rent, does that mean you dont have to pay it? If you signed a lease stating that there is a deposit if you have pets, you have to pay it. You get the money back, unless your cat destroys or pees all over the carpet. The other choice is to get rid of the cat, but come on...its only 200 bucks and you get it back.

Answer 5

If it is in your lease then you are required to pay regardless of when they ask for it. If you can't get the money by friday go to them and let them know when you will be able to pay, most likely they will work with you.

Answer 6

A landlords conduct can modify a lease, and it sounds like that is what happened to you.

In many places, if something is not allowed in your lease yet your landlord is fully aware of the situation and allows it to continue unchallenged, they give up their right to enforce the restriction or terms at a later date.

You may want to check and see if this applies to your situation.

"I'm going to speak with them today to find out what options I have "

Do not ever count on a party whose interests are opposite of yours to advise you of your rights. They don't have your best interests at heart as they are looking out for themselves, not you.

Answer 7

Yes.. sounds like you were trying to get out of paying a pet deposit. If you want to live there you should pay it.

Answer 8

Yea but even though they didnt ask for it when you signed the lease you still knew it was stipulated in the lease..Sorry but you have to pay :)

Answer 9

Sorry, but it sounds like you owe $200 deposit if you have a cat.

Answer 10

Yes, if you have a pet you are required to pay a pet fee