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-   -   Can a landlord really do this? (https://www.askmehelpdesk.com/showthread.php?t=706193)

  • Oct 1, 2012, 01:10 PM
    Rose1533
    Can a landlord really do this?
    I filled out an application for an apartment in Chicago. On the application it asked if I had any pets. I've had a dog for 7 years, and I included him on the application, along with his breed and weight. My application was accepted and I moved into the apartment on July 1, 2012. Two days ago a letter was slipped under my door stating that pets were no longer allowed on the property, and it cited some fine print on the lease. It also stated that I had until November 1st to remove the dog or my file would be turned over to an attorney for eviction. Is it legal for them to do this?
  • Oct 1, 2012, 01:36 PM
    AK lawyer
    You didn't read the fine print? Sure, when they accepted your application to lease the apartment and gave you a lease to sign, it was up to you to read what you were signing. You signed it, thus agreeing to its terms including the fine print.
  • Oct 1, 2012, 02:27 PM
    JudyKayTee
    Quote:

    Originally Posted by AK lawyer View Post
    You didn't read the fine print? Sure, when they accepted your application to lease the apartment and gave you a lease to sign, it was up to you to read what you were signing. You signed it, thus agreeing to its terms including the fine print.


    Bingo!
  • Oct 1, 2012, 03:24 PM
    ScottGem
    What was this fine print? Can you post it? Without knowing what it says it hard to advise.

    Frankly, I think they would be hard pressed to win this. Did every tenant with a pet get a similar letter? I would try to find out. But the timing is too close. Had they waited a few months, they could probably get away with it. But to give you a notice 2 days after you moved in when your application indicated the pet, I would hope a judge would not give in to them. But it depends on a) what the fine print says and b) what judge you get.

    I think, though, if you fight it, the judge will at least give you a reasonable amount of time to find a new place.
  • Oct 1, 2012, 04:38 PM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    What was this fine print? Can you post it? Without knowing what it says it hard to advise.
    ...

    Quote:

    Originally Posted by Rose1533 View Post
    ... a letter was slipped under my door stating that pets were no longer allowed on the property, and it cited some fine print on the lease. ...

    I took this to mean that the fine print says (in so many words) "no pets". If I was mistaken, Rose, please advise.
  • Oct 1, 2012, 06:11 PM
    ScottGem
    Quote:

    Originally Posted by AK lawyer View Post
    Quote:

    Originally Posted by Rose1533 View Post
    ... a letter was slipped under my door stating that pets were no longer allowed on the property, and it cited some fine print on the lease. ...

    I took this to mean that the fine print says (in so many words) "no pets". If I was mistaken, Rose, please advise.

    Since, they let her move in knowing that she had a pet, if the fine print only said "no pets", it would not be enough. I suspect that it says something to the effect that they could decide to change the policy on pets with 30 days notice.

    Also, I just realized I misread the OP, I though the notice was 2 days after moving in, but it was two days ago, meaning about 3 months after moving in. That makes it harder to fight.
  • Oct 1, 2012, 06:44 PM
    Fr_Chuck
    Agree, two days after moving in, I think she may have a better case in eviction court.

    Three months. But as everyone has started, we need to see the "fine print"

    I took 3 hours reading my last lease, reading and questioning ever phrase I was not sure about.

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