[spencerman]

Hi,

I've been a landlord and am very familiar with landlord/tenant issues and Texas statutes. I've also been reading up on case law and the numerous terms and conditions in the TAA lease which are likely unenforceable in court.

Here is my situation. I completed application, was approved, and we signed the lease on 3/28/07. On the application, I indicated that I would have 2 15 lb. dogs living with me. I was told I would have to pay a $300 pet deposit in addition to the standard $525 security deposit. I paid it.

Now I just received notice that I am in violation of the lease by having two dogs, and claiming that I am only authorized to have one. It also states that I am liable for $100 plus $10 per day for each day the "unauthorized" dog remains. Furthermore, it states that it is 24-hour notice of management's intent to enter the apartment and remove one of my dogs from the premesis.

My feeling is that both the landlord and I are in a grey area, because of this: They failed to attach the TAA animal addendum to the lease, which stipulates all the conditions regarding pets. So they are trying to enforce penalties stipulated in the lease itself if I am in violation, but there is no evidence of my having violated anything because neither of us signed an animal addendum stating how many animals I would have and what the deposit would be for each. All I have is a copy of the application on which I state I would have two dogs.

This came about because they were having an audit, saw that I had a $300 pet deposit, and noticed that I had two pets. Apparently their policy is $300 per pet. But we never agreed to anything stating that. I paid what I was told to pay seven months ago.

Thoughts?

[ScottGem]

I would offer to pay the second $300 to settle the issue. However, I would also warn them, that, if they don't agree to settle, that you will get a restraining order preventing them from taking a dog. They clearly have NO right to do so. If they do, they are opening themselves to a whopper of a law suit. They can evict you but nothing more. Even that is chancy if you have proof they were aware that you were moving in with two dogs.

Also, tell them they can sue you for the fines and you will be glad to fight it out in court.

[spencerman]

My dispute was resolved last week. I didn't suggest any negotiation whatsoever. I demanded they back off and withdraw every threat and claim, in writing.

After receiving a letter from me (excerpt below), which I CC'd to the property management company in Dallas, and to the property owner in Seattle (which I identified from online tax records), the landlord backed down, agreed that both dogs were allowed, that I was not in violation, agreed not to charge a $10 monthly "pet rent fee," and asked that I sign an animal addendum stating that I was allowed two dogs and would not be asked to pay anything in addition to what I had already paid. As I sat at the manager's desk, I was struck by the dramatic change in attitude from my visit three days earlier, when I had been told, "I'm not going to argue with you." This time they smiled, signed the document I had demanded, and said they'd removed the "violation" notices from my file.

Know your rights. Arrogant apartment managers aren't undefeatable.

================A PART OF MY LETTER:===============

I have spoken today with a female in the manager’s office who agreed that there is no “animal addendum” in regard to my Lease. At the same time, she asserted that I am obligated to a deposit of $300 per pet, in addition to a “pet rent” fee of $10 monthly, in order to comply with a document that doesn’t exist.

Upon taking occupancy seven months ago, I paid the amount I was told was required in regard to a pet deposit for my two animals. I am not obligated to any pet deposit to which I have not agreed, and am therefore NOT in violation of paragraph 27 of the Lease, or liable for additional charges under paragraphs 6 or 41 of the Lease.

Management seems to imply being in possession of some document regarding pets, as Notice #1 states that I “have one authorized dog.” Please provide me with one of the following:

• A copy of that document and any other agreement of which I am in violation

OR

• Written confirmation that:

1. I am not in violation of the Lease
2. I am permitted to have two animals without any additional deposit or any monthly fee
3. You withdraw any intention to pursue the measures stipulated in Notice #1 or Notice #2

Failure to immediately provide one of the above constitutes violation of the Lease on your part, as a landlord is not permitted under Title 8, Chapter 91 or Chapter 92 of Texas Statutes, Property Code, or any other civil statute, to change the terms and conditions of a contract without the expressed written agreement of the tenant. Any attempt to remove EITHER of my animals will constitute violation of the Lease on your part, as well as theft of personal property, and will result in civil and criminal charges being filed against the manager and any other persons involved, <<(the property management company)>>, and <<(the property owner)>>.

Sincerely,



<<(Tenant)>>

[ScottGem]

Good for you!