[mzuchowski]

I told the landlords local contact (property manager) that I had a mid size dog prior to moving into this home on the first of July. I simply asked the landlord to follow through with some promises of laying a driveway, relocking some doors, prtoviding me a copy of the lease and installing a mailbox. After the second unexpected visit from them in the first two days I lived there. The property manager told me that she was not aware that I had a dog. I corrected her and explained it to her again. She admitted to me and my girlfriend that she remembered but I had to inform the landlord (who lives out of state) not her. Then then claimed that they wanted a $500 pet deposit and when I confronted them with a copy of the lease. They claimed that they wanted me out after taking $2400 from me in deposits and rent. She has verbally abused me by calling me extremely abusive names and has now listed our house for rent (claims she has prospects) on the first of August. She has not given any pet addendum forms prior to moving in nor has issued any cure notices. Is this legal?

[George_1950]

Welcome to AMHD. Did you get your copy of the lease? Is it signed by everyone? If so, you may be in some trouble under the 'parole evidence rule': "The parol evidence rule enacts a principle of the common law of contracts that presumes that a written contract embodies the complete agreement between the parties involved; the document is the sole repository of the terms of the contract. The rule therefore generally forbids the admittance of extrinsic evidence (i.e., evidence of communications between the parties which is not contained in the language of the contract itself) which would add or change terms of a later written contract. The introduction of extrinsic evidence is always allowed." See: Parol evidence rule - Wikipedia, the free encyclopedia You may be given some latitude by the fact that you told the manager about your dog; what did the manager say?

[JudyKayTee]

I told the landlords local contact (property manager) that I had a mid size dog prior to moving into this home on the first of July. I simply asked the landlord to follow through with some promises of laying a driveway, relocking some doors, prtoviding me a copy of the lease and installing a mailbox. After the second unexpected visit from them in the first two days I lived there. The property manager told me that she was not aware that I had a dog. I corrected her and explained it to her again. She admitted to me and my girlfriend that she remembered but I had to inform the landlord (who lives out of state) not her. Then then claimed that they wanted a $500 pet deposit and when I confronted them with a copy of the lease. They claimed that they wanted me out after taking $2400 from me in deposits and rent. She has verbally abused me by calling me extremely abusive names and has now listed our house for rent (claims she has prospects) on the first of August. She has not given any pet addendum forms prior to moving in nor has issued any cure notices. Is this legal?

Simply explained if you have a written lease all of the terms of your tenancy are legally expected to be contained within that agreement - no side deals, arrangements, understandings. She was acting as a agent for the owner and has acknowledged that she agreed to you having a dog - but I think you have a good chance that the lease will be upheld, verbal agreements aside.

Have you attempted to speak to the owner - apparently his/her agent has spoken out of turn on behalf of the owner and the owner may not know that. Not a confrontational conversation, just a "this is what happened" conversation.

Legally she has to evict you in order to get you out and her eviction will be based on the dog which she will claim is a violation of the lease. She can't just rent the house out, tell you to leave - of course, I don't know how much time and effort you want to put into this.

You have a claim against her for agreeing to the dog when she had no authority to do so - a good defense against any claims for money damages but I don't think that is going to entitle you to stay there. I'd be willing to sort of roll the dice on this one and sue - or countersue - for any and all expenses you have incurred in moving again but a lot will hinge on what the agent will "confess" to and if the Judge believes you and your witness(es) or her. Legally interesting situation.

If I had my choice of the dog and this name-calling agent - I'd pick the dog.