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cheerful_tam · Oct 3, 2011, 09:39 PM

I live in wichita Kansas and have a dog. I already paid my pet deposit and everything now they sent a letter to me stating they are only going to allow dogs under 30 pounds so I have to remove my dog within 30 days and my lease doesn't end until Feb. Can they do that even with them knowing my dog was a pit and big? Is there anything I can do?

sewslikethewind · Oct 3, 2011, 09:44 PM

Does the lease that you signed, have a statement limiting dogs to under 30 pounds? Read your lease carefully, because that is what will be used for or against you in court.

ScottGem · Oct 4, 2011, 03:26 AM

No they can't change the terms of the lease halfway through. You can send them a letter stating that, since they were aware of the nature of your pet when you moved in and you paid the required pet deposit they cannot change the terms of the lease until it expires.

Advise them that if will continue to place a limit on the size of dogs, then you will not be renewing your lease and to consider this notice of non-renewal. Further advise them, that if they want you to vacate prior to the expiration of the lease, you will expect them to buy out the remainder of the lease.

cheerful_tam · Oct 4, 2011, 05:23 AM

The lease I signed does not limit the size of the dog it just states I must have permission and pay the required pet deposit which I have. But the letter they have sent out states that they are changing the lease and from now on no dogs over 30 pounds are allowed and the tenants who have big dogs must remove the dogs within 30 days. I talked to the office and they said they will not release me from my lease early and that the dog must go. I have family who are willing to help care for my little guy until my lease is up but I feel it's not fair that they are changing this and I must remain here until Feb. The letter states that since they have the right to change the lease beings it states that in the lease this is their notice of the lease and I must comply to it.

JudyKayTee · Oct 4, 2011, 05:49 AM

I don't understand "they have the right to change the lease beings it states that in the lease .. this is their notice of the lease and I must comply to it." What exactly does the lease say? The lease is a contract and you can't change a contract simply because it sounds like a good idea.

BUT I have seen leases which give permission to have "a dog." I have seen leases which give permission to have a SPECIFIC dog. In that case the apartment owners must actually SEE the dog before permission is granted. It's a way of banning certain breeds and large dogs. I'm not saying it's fair. I'm just saying that's how I've seen leases written.

AK lawyer · Oct 4, 2011, 06:05 AM

Originally Posted by cheerful_tam

... But the letter they have sent out states that they are changing the lease and from now on no dogs over 30 pounds are allowed and the tenants who have big dogs must remove the dogs within 30 days. ....

Does the lease give them the right to change the rules upon 30 days notice?

sewslikethewind · Oct 4, 2011, 11:06 AM

ScottGem is right, they can't change your lease after the fact. Just like they could not change your rental amount during your lease, they cannot change other terms of your lease until it is time for renewal. Tell them you are prepared to go to court and fight it.

JudyKayTee · Oct 4, 2011, 11:28 AM

Originally Posted by sewslikethewind

ScottGem is right, they can't change your lease after the fact. Just like they could not change your rental amount during your lease, they cannot change other terms of your lease until it is time for renewal. Tell them you are prepared to go to court and fight it.

This is not necessarily correct - AKLawyer raises the question of what the lease says about changes and notice. I do agree with Scottgem in theory. However, I HAVE seen leases with "escape" clauses concerning increased taxes, utilities, changes in parking, all sorts of things - with a 30 day notice.

My question still stands - does there have to be specific approval for a specific dog OR are ALL dogs allowed. I've seen it written both ways and without this info "we" don't know the correct answer.

ScottGem · Oct 4, 2011, 11:34 AM

As AK said, the lease is the governing document. If the lease states something to the effect that: The landlord reserves the right to modify the terms of this lease without tenant consent but with 30 day notice, then you are stuck. If there is no such clause, then they are overstepping their bounds.