[needhelpinboston]

I just moved into an apt 3 weeks ago. It's a 2bdrm roommate situation. The landlord let the other roommate advertise and choose the person she would be living with (me!). Her ad said "pets are allowed but need to be discussed." We discussed my cat and how attached I am and that I would only take the place if my cat could come. She said she wanted a cat.

I moved in and for 2 weeks all was fine with no problems. The girl is a little obsessive compulsive (I put shelves in the bath, she moved them, I put a toaster oven in kitchen, she moved it. I hung a mirror on the living room wall, she moved it to another wall, etc... ). For two weeks I said nothing and let it go as we all have our little quirks and this is hers.

I finally started asking her to please ask before moving my stuff, and for some common space in living room/kitchen to put my stuff as she only allotted me 2 shelves in the kitchen.).

Once I started speaking up, the girl didn't like it. Now she started saying she THINKS she's allergic to my cat and she doesn't think this roommate situation is working out. She called the landlord and asked the landlord to let me out of the lease and/or make me get rid of my cat. We signed a one year lease, both of us are on the lease as well as the cat.

Let me tell you that she has not gone to a doctor, but said she called, gave her symptoms and he said it's probably the cat. Both time she claimed to have flair ups was when I wasn't home and when I saw her, there were no signs of runny nose, watery eyes, or welts, etc...
IF (and I doubt it) she had any flair ups, who's to say it's not the change in weather, a different laundry detg, or the wet paint and/or fumes as she's been painting walls in the apt?

My question is that this girl agreed to the cat, and on the lease, the landlord wrote in "1 cat-ok" next to the pet provision in the standard form apartment lease (fixed term) #20. The exact writing of the pet provision states:
"Pets - No dog or other animals, birds or pets shall be kept in or upon the leased premises without the Lessor's written consent, and consent so given may be revoked at any time." Next to that provision was where the landlord wrote in "1 cat-ok."

Can the landlord tell me I have to get rid of my cat since this dispute is between co-tenants and doesn't affect the landlord in any way? My cat has caused no problems in or outside of the apartment? Also, my cat stays in my room 90% of the time and when I'm not home I lock her in my room. I've never let her in the roommates bedroom or on any furniture besides my bed.

I have to talk to him in a couple of days regarding this, so any quick responses would be appreciated.
Thanks!

[RickJ]

If the cat is OK per the lease then you can, with confidence, tell your roommate to go fly a kite ;)

No, the landlord cannot make you get rid of it if it's in the lease that it's OK.

[bhayne]

Sorry, the cat goes. Perhaps if you shared the cat (which is what your roommate wanted in the first place), then your roommate would get attached and change her mind.

[RickJ]

Sorry, the cat goes.

??
1 Cat OK per the lease. How do you suggest "the cat goes"?

[needhelpinboston]

Bhayne -

The cat stays in my room because the roommmate told me after 2 weeks that she wants the cat in my room 24/7 with the door shut!

Remember here, that my roommate is a co-tenant and I don't live in an owner occupied apt, so she can't make demands. I have tried to avoid living in a hostile environmnet and to have as little confrontations as possible.

[RickJ]

she can't make demands.

Correct. If it's OK per the lease then neither the landlord nor the roommate can force you to get rid of it.

[excon]

Hello boston:

Rick is right on!

One of the questions here recently, was from a landlord who rented to a guy, who wanted his wife out of the house. He tried to make that the landlord's problem. It wasn't – not even close.

Neither is yours. IF the landlord is going to speak with you, it might be because he doesn't understand that it's not HIS problem. You should gently remind him of that. That is, assuming you want to stay.

However, you're going to have to move (and you know it too). Not because you're being told to, but because you made a big mistake in choosing your roommate. Therefore, if you want to leave, you could use the talk with your landlord as an opportunity to get OUT of the lease. That's because, if he stays out of the situation (like I think he should), and you leave on your own, you'll be liable for the balance of the lease.

excon

[needhelpinboston]

My roommate tells me she's real close to the landlord and I'm thinking, if that's true, then he might let me out of the lease if one of us finds another tenant which at this point I would do.

I've lived with many random roommates and I understand we all have our annoying little quirks so I've tried to let the little things go. It's been hard as I just moved to Boston from across the country, I don't know the area and am just starting grad school which is just down the street from this apt which is so conveniently located.
Bottom line, for my sanity and for the sake of keeping my cat, I'll move if given the opportunity.
Otherwise I'll fight for my right to keep the cat.

Thanks for everyone's input...

[needhelpinboston]

One more quick question please (and Rick if you know the answer please let me know):

Even thought the typed provision on the standard lease says the landlord can revoke the consent, does the handwritten "1 cat-ok" written next to that void that standard typedprovision or does he have to have just cause?

I mean if my cat was clawing the walls or something, yes that would give just cause but that's not the case here.

I guess I'm trying to think of the best way to handle my discussion with him and be as prepared as possible.

Thanks again!

[bhayne]

Otherwise I'll fight for my right to keep the cat.

That's why landlords put the clause, "consent so given may be revoked at any time". If the cat is causing a problem, it is gone".

It was your responsibility to make it work. Sounds to me like the cat is a problem. Bye, bye!

[needhelpinboston]

[QUOTE=bhayne]

Otherwise I'll fight for my right to keep the cat.
QUOTE]

That's why landlords put the clause, "consent so given may be revoked at any time". If the cat is causing a problem, it is gone".

It was your responsibility to make it work. Sounds to me like the cat is a problem. Bye, bye!!

Bhaybe -

Why are you being so mean and defensive?

And how do you figure the cat has caused a problem to the landlord or his property? My thought was that this is between my co-tenant and myself. I mean if I were married and living in this apartment with my husband and my husband told the landlord he's allergic to my cat (his wife- without any medical proof), do you think a landlord is going to get in between a marital spat? My guess would be no...

Remember it's not what you say, it's how you say it! Someone posts looking for help and you're not very nice!

[excon]

One more quick question please (and Rick if you know the answer please let me know:

Hello again, boston:

What am I? Chopped liver?

Ok. You didn't mention that the landlord has the right to "revoke" permission. In my opinion, I think the written stuff is the "consent", and the printed stuff allows him to revoke consent. I think he's going to "revoke" his consent, and I think that's the best thing that could happen to you.

But, I could be wrong. I was wrong once... back in '02...

excon

[needhelpinboston]

excon -
Sorry... didnt' mean to forget you!

On my first post, I quoted exactly what provision 20 in the standard lease said:
20. Pets - No dogs or other animals, birds or pets shall be kept in or upon the leased premises withouth the LEssor's written consent, and consent so given may be revoked at any time."

Then next to that #20 PETS, the landlord hand wrote in "1 cat-ok"


So, do I even have a prayer? I guess, at this point, I should hope he likes the other tenant as much as she says he does, and that he'll let me out of the lease...

Thanks!

[bhayne]

I don't take sides. As a tenant, you knew that you were walking on thin ice when you enterred the lease with a pet when special conditions were imposed specifically for you having a cat.

Your pet does not pay rent and you do not pay additional rent for your pet. Your roommate on the other hand does pay rent. Let me see, as a landlord would I rather have a freeloading cat (that will eventually cause damage) or a paying tenant. The above cause is to get rid of pets and keep pet owners aware of their responsibilities (no reason is nescessary). It is simple, no cat: no problem!

[phillysteakandcheese]

That weasel line "…consent so given may be revoked at any time" is the gotcha.

Is your name actually on the lease? If it is, you have the same rights as the other tenant.

You were honest and said you were only taking the place if the cat could come too. The room-mate accepted that.

Unless the cat is causing some physical damage, the landlord has no cause to ask you to get rid of it.

The problem is only between you and the room-mate and you'll have to try and sort it out.

If possible, it's probably best to see if you can get out of the lease and move out. From the other issues you mentioned, it sounds like there's potential for many more problems than this fight is worth.

[excon]

Hello again, boston:

All is forgiven. You were good. I didn't see it.

Prayer for what? To be able to live in your home where you have to walk around on eggshells? If that's worth being able to live close to school, then fight for it, and we'll help. Now, we're talking about eviction proceedings, court, time, money and effort. And, even then, you stand a good (make that pretty good) possibility of losing.

Now I'm going to tap in to my sources in the netherworld... K, they tell me, that you'll find a better place, even closer to school, right next to a very good looking guy.

excon

[needhelpinboston]

phillysteakandcheese -

Yes, my name is on the lease, the roommates name is on the lease and "1 cat-ok" is on the lease.

And yes, it appears there is a "gotcha." I guess this will be a huge learning experience for me. I should have read more carefully. I assumed (and that's the problem) that when the landlord wrote in "1 cat-OK" next to the standard statement under pets, I figured I was all right as long as my cat behaved which has never been an issue. I totally would have understood if my cat misbehaved, destroyed property, had potty accidents, etc.. that would be immediate grounds for removal. But that's not the case.

Yes I was very honest and up front, and yes this should be between the other girl and myself but I guess this will be a life's lesson for me. The hardest part here is that this girl hasn't even gone to the doctors or shown any visible symptoms. That's what's got me so upset. If she went to the doctors and I knew she really was allergic, then I would be the jerk for not finding my cat another home... not the case though.

And I do truly believe this issue is more than just the cat. This girl seems to be extremely controlling, her way or no way. If I have to give my cat away because I'm stuck in the lease, I'm sure she'll be running right back to the landlord with the next issue she has.

I think it's the unknown of what the landlord is going to say to me, that is tearing me up inside. I'm not meeting with him until Friday so he can't be overly concerned if he's letting this issue go on a week after the other girl brought it to his attention.

Thank your for your help.

[needhelpinboston]

All right excon -

If your sources are correct in the netherworld, and I'll take 2 out of 3 (1 & 3 if I get my pick), I'll be happy.

Thanks! Got to run to class... will check this site later today.

[RickJ]

Even if a landlord says "consent may be revoked" that does not mean it's enforceable. A lease is a contract binding both parties. Don't sweat it needhelpinboston, the landlord's hands are tied here.

He's not insinuating that he will try to "revoke" your right to have the cat is he? If he does you remind him that he is bound to the terms of the contract as you are.

[phillysteakandcheese]

IF the landlord asks you to get rid of the cat, you can always ask on what grounds, and for that to be provided to you in writing.

As you already said, there's no clear evidence that the cat is causing your room-mate's "flair up", the cat is in isolation (in your room and away from the room-mate), and the cat hasn't damaged any property.

I think you could make a reasonable argument with those facts.

If there's an "Office of the Rentalsman" where you live, give them a call and ask what you can do.