Ask Me Help Desk - Landlord changes policy

My son moved from an apartment to a duplex so he could have a dog. The landlord knew that the reason he wanted to rent the place was because of a fenced yard and allowing a dog. That was two months ago. Yesterday he put his deposit on for a puppy that will be ready for him to get in two weeks, He tells the landlord and the landlord said he changed his mind and doesn't want pets. My son is pissed, he said the landlord knew he was looking for a dog and even asked what kind (boston terrier). I told my son you have to get everything in writing , he said he did sign about having a pet but the landlord needed to get a copy made. My son said he never got it I said he should have asked within that week for his copy. ( was'nt what he wanted to hear, live and learn) I don't think verbal agreement will be enough, is there anything he can do? Doesn't want to move or give up the dog .

Hmmm. It sounds like he's pretty much at the landlord's "mercy" at this point. It stinks that the guy would say one thing and then do another, but legally I think your son would have a tough time either breaking the lease or forcing the guy to allow the dog.

I think at this point your son's best bet is to approach the landlord very humbly and nicely and explain that the only reason he specifically moved in there was because of the pet policy and that he put a deposit on the future pet. (Show him the receipt.) Find out specifically WHY the guy is changing his mind. Is it because he thought your son had a dog already and now that he knows it's a puppy doesn't want to go through the potty training, etc? Has your son been unresponsible with other things (in the landlord's eyes)? If he hasn't already, is your son willing to pay a pet deposit? That may help ease the LL's mind.

Like I said, it stinks that the guy did a 180 like that. Hopefully they can work out an agreement.

Karla in TX

As a landlord, I have to tell you that pets are a huge area of concern. I would LOVE to just have a "no pets" policy across the board, but with more and more people having pets that automatically rules out a huge % of potential tenants. I'll bet 60 - 75 % of calls I get on properties ask, "how much is the rent and do you allow pets?" I've had more carpet, yards, door frames and screens ruined by pets than I can count. Fortunately I've learned to protect my interests financially so it doesn't devistate our business.

Good luck. Keep us posted on what they work out.
Karla in TX

Policy or not, that no dog rule must be in the lease. If the lease does not have a no pet provision, head on down to doggietown and get a pup.

Quote:

Originally Posted by ballengerb1

policy or not, that no dog rule must be in the lease. If the lease does not have a no pet provision, head on down to doggietown and get a pup.

Quote:

Originally Posted by ballengerb1

policy or not, that no dog rule must be in the lease. If the lease does not have a no pet provision, head on down to doggietown and get a pup.

I am Lorac's son, who is dealing with the landlord, I am excited to hear this, to get more details added, is when I moved it we specifically talked about getting a dog with the landlord and that is one of the reasons I chose this place, (has a huge fenced in back yard) the previous renters have had pets, dogs and cats, this was discussed in detail with the landlord and he only mentioned that I must get a doggy door, I remember getting that in writing however when he gave me copy's of the paperwork he claims he "lost" some of them, I spoke with Him today and he said he had a copy of all the papers... I put down the deposit on the dog on Friday and called my landlord on the way back, letting him know we were getting a dog, and he gave me a written notice of a "change" of policy... I am on a month to month lease and I purchased the dog before the "policy change".

For the state of Oregon can you help me find supporting law for this? Welcome to the Oregon State Bar Website

I want to find out for sure on this, as I have a meeting with him on the 30th of this month to talk about this. I am supposed to pick up the dog on the 29th.

You can use the sticky at the top of this forum to search Oregon law. But if the lease does not specifically prohibit pets then they should be allowed. You also have some backup of your having a verbal agreement since you purchased a dog.

Quote:

Originally Posted by ScottGem

You can use the sticky at the top of this forum to search Oregon law. But if the lease does not specifically prohibit pets then they should be allowed. You also have some backup of your having a verbal agreement since you purchased a dog.

Awesome I think I found it there...

90.530 Pets in facilities; rental agreements; violations. (1) Notwithstanding a change in the rules and regulations of a manufactured dwelling or floating home facility that would prohibit pets, a tenant may keep a pet that is otherwise legally living with the tenant at the time the landlord provides notice of the proposed change to the rules and regulations of the facility. The tenant may replace a pet with a pet similar to the one living with the tenant at the time the landlord provided notice of the proposed change. New rules and regulations that regulate the activities of pets shall apply to all pets in the facility, including those pets that were living in the facility prior to the adoption of the new rules or regulations.

(2) A rental agreement between a landlord renting a space for a manufactured dwelling or floating home and a tenant renting the space must comply with the following:

(a) A landlord may not charge a one-time, monthly or other periodic amount based on the tenant’s possession of a pet.

(b) A landlord may provide written rules regarding control, sanitation, number, type and size of pets. The landlord may require the tenant to sign a pet agreement and to provide proof of liability insurance. The landlord may require the tenant to make the landlord a co-insured for the purpose of receiving notice in the case of cancellation of the insurance.

(c) A landlord may charge a tenant an amount for a violation of a written pet agreement or rules relating to pets not to exceed $50 for each violation. [1997 c.304 §2; 2001 c.596 §35b; 2003 c.378 §17]

Now the pet was not "living" with us ( we didn't get it yet because we went on vacation" however we already purchased the pet, so we infact "have" it right?

If you purchased the pet after signing the lease but prior to the "change" then that would apply.

I agree that if you purchased the pet prior to the rules change you're fine.

However, if you're on a month-to-month tenancy just remember that the landlord can simply give you 30 days notice (or whatever your lease/laws call for) to end your tenancy. That's one of the down sides of a month-to-month. He doesn't even have to have or give a reason to give notice.

If you want to continue living there - with your dog - I would try really hard to negotiate this through with the landlord BEFORE you proceed. Is there a reason your meeting with him isn't until the 30th? Or rather, can you meet with him sooner, even if it's over the phone? Has the landlord told you WHY he decided to change his pet policy? If you understand why he decided that you may be able to easily overcome his objection. What's his stance been so far? Does he seem willing to deal with this or does he seem set in stone with no room to negotiate?

Keep us posted... it's an interesting topic. Like I said, I deal with pet issues ALL the time. It's becoming more and more an unavoidable part of the rental business.

Karla in TX

Hello Michael:

Even if you could force your landlord to adhere to your verbal agreement, you're only a month to month tenant, and you could be asked to leave with only a month's notice.

excon

He set the date for the 30th, that's his decision, I am going forward with getting the dog on the 29th but will be stored at a friends place for the night/day. If we can't come to an agreement on Sunday, I will show him my legal rights, and I will most likely be giving my 30 days. I'll let you know what happens.