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-   -   Co-tenant dispute, new pet & allergy (https://www.askmehelpdesk.com/showthread.php?t=58085)

  • Jan 28, 2007, 11:27 AM
    anonymous9
    co-tenant dispute, new pet & allergy
    I live in Florida and share a townhome with 2 roommates (tenant X and tenant Y). We all signed a lease together as co-tenants with the property management. When I verbally committed to signing in April of 2006 I was aware of 1 cat they shared living in the apartment (voiced my concern with pets due to my asthma, but because it is a short-haired cat I figured I could deal with it). In may of 2006 I signed the lease via fax. In late June of 2006 tenant X informs me that a cat was purchased by tenant Y. I was not forewarned, or previously informed of any intent to purchase a second pet. In late july/early August I moved in and realized that I was allergic (nothing life threatening, however unpleasant and uncomfortable). I have kept my doors closed and continually wash my hands to avoid irritation/contact. I initiated several meetings to have an 'open door' communication policy with X and Y, keep the air clear. In october/november 2006 we receive a notice on the door announcing that illegal pets must be 'registered' and pet rent due. Tenant Y settles the dispute at the leasing office, using leverage of being a longtime renter. [we will not be renewing our lease]. In December of 2006 I heard, through the thin walls, talk of wanting a dog by tenant Y (the one who added the 2nd cat without my consent). Tenant Y never expressed this to me. In December of 2006 we are offered a discount from rent to be the showroom 3bedroom for the complex. I hesitate but sign the paperwork aware that if it is uncomfortable I retain the right to cancel at any time (giving 2weeks notice) through the walls (again) in January 2007, I heard a phone argument in which she expressed her disappointment at not receiving the gift she wanted from her boyfriend (which spends a good amount of time at our townhouse). By mid January I realized that the leasing company was not behaving professionally [did not call me when coming to show the apartment, left my doors open allowing for the 2cats to enter my room. I had visited my doctor twice before this showing concern for allergies and asthma and this was now becoming a 'deal breaker' for me. I voiced my concern peacefully at the office urging them to be considerate and keep my bedroom and bathroom doors closed and told them they had to call all three tenants before showing the townhouse. I later voiced my concerns to my 2 roommates. Tenant Y brought up her financial situation, which is not of my concern- she signed a lease and is liable for her share of the rent without the recent deduction. She also hinted that if we cancelled that we (the pet owners not I) would probably have to start paying the pet rent, again none of my concern. I was clear about not feeling comfortable and was willing to wait a few weeks and see if things improved. Coincidentally, within the week we received a notice on our door stating the managements wish to terminate that agreement effective immediately, however they would honor the prorated deduction for the following month. I cannot say I was upset, however ironically I did nothing to cause this. Moments after I arrive and read the note, the 2 roommates enter the apartment and I share the news, still in shock (the universe works in strange ways). Roommate X seems OK, she had already voiced her dislike of the situation, and roommate Y was upset (mentioning legality, etc.). Suddenly I notice a third being, a small dog, enter the apartment. I was very displeased and did not even fake a smile. Immediately roommate Y says 'don't worry he won't be here all the time' as I glare at him uncomfortably. I did not give consent to have this dog live with me. A third pet is not only detrimental to my health, for starters, but has not been trained and will affect the hygiene of the apartment, and furthermore shows the utmost disrespect and lack of consideration. That evening I felt my allergies worsen (even without touching the pet) and I was driven to stay at my sisters apartment (friday January 26, 2007). Now, I sense that this will not end peacefully based on Y's character up until this point. I left her a note requesting to speak with her formally and she has not yet responded. When this blows up, as it will, what are my legal rights? If my physical well being and right to happiness are compromised based on Y's neglect, what are my options? If ultimately it is me or the dog and she chooses the dog, what binds me to the townhouse and can she sue me if I choose to move out? Please help me. Her father has attorney friends and I know she will be pulling out the legal card at the drop of a hat. Thank you for your time.
  • Jan 28, 2007, 12:24 PM
    Fr_Chuck
    Unless the lease specificly states they can not have a pet, they can have a pet. And sorry being considerate of other room mates is not a pervision to allow someone to break their lease.

    And guess what the room mates don't need your permission to have a pet in their home

    Your legal rights is to pay the rent until your lease is up and then move in by yourself so you don't have roommate issue
  • Jan 28, 2007, 01:24 PM
    anonymous9
    The main issue is my being forced to compromise my health for yet another animal. Already I was unable to sleep in my home due to allergies the first night it arrived. Is the pet owner going to pay my medical bills? I do not think so. Who's rights are being wronged here? Mine. My intent is not to break my lease, my stance is simply that the pet cannot reside in my living space since it is having a negative impact on my health. I am doing all I can to initiate the dialogue but receive no response. If the tables were turned, I am positive the roommate would be threatening to sue me from the start. I just want to know what my rights are, I simply want to inform myself on how best to go about resolving this without it escalating. No disrespect to you sir but I am a good catholic myself and want to know what to do if it cannot be resolved peacefully with some kind of mutually beneficial arrangement. If anyone can tell me if I have any legal backing/support or if it is simply a case in which I will have to simply deal with the dander ridden pet. Please help, I have no malicious intent.

    Quote:

    Originally Posted by Fr_Chuck
    Unless the lease specificly states they can not have a pet, they can have a pet. And sorry being considerate of other room mates is not a pervision to allow someone to break thier lease.

    And guess what the room mates don't need your permission to have a pet in thier home

    Your legal rights is to pay the rent untill your lease is up and then move in by yourself so you don't have roommate issue

  • Feb 3, 2007, 03:07 PM
    landlord advocate
    See if you can find someone else to live there and take over your portion of the lease. Go so far as putting an ad in the paper and have applicants come to the apartment. Then find somewhere else to live. Until then, you are still responsible to pay the rent. I am surprised the landlord is allowing 3 pets. Check the lease to be sure there isn't a limit.

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