My roommate and I signed a 12 month lease last August that included a no-pets clause for new tenants; however, over 50% of the building's tenants have pets. We now have a dog, which we have kept in an "open and notorious" manner. (according to NYC pet law, if you keep a pet in a building in an "open and notorious" manner and the landlord fails to act against you within a 3 month period, you legally can keep the pet on the premises). We have had the dog for 7 months now, so legally we are allowed to keep her; however, I am wondering if we should amend the lease to include the dog so it's in writing or just leave it as is, re-sign the lease WITH the no-pets clause but continue to keep the pet.

On another note, we are asking for a rent reduction, given that identical units to our own are being rented at much lower monthly rates to new tenants.

Help! We need to re-sign our lease but I want to make sure we get our rent reduction. Will amending the lease to include the dog hinder our changes at getting a cheaper rent?

Hello s:

I don't know what law you're citing, but let's assume that it's correct. Therefore, the lease has been amended by events. You don't need to memorialize it in the lease...

Second, you don't "resign" the lease. You can re-new it if you wish, but there's no law that says you must. If you don't, your rental term turns into a month to month with the SAME terms as the lease.

Thirdly, I don't think you're entitled to a rent reduction. You could certainly bargain for one in your new lease, that is if you want to sign one. But, what Bill and Fred pay has NOTHING to do with how much you pay. Plus, the landlord is going to think you hoodwinked him on the dog issue (and you DID), so if I were him, I wouldn't be giving you anything.

excon