[Alicia400]

Hi, Pennsylvania here. I have a two fold problem. First is that I want to have a pet but my landlord won't allow it. He does allow other people to have pets but not me. My rent is 330 and I have a 660.00 deposit. According to the lease a 200.00 deposit is required for a pet to be allowed. He said that if I got a pet he would file for eviction the very next day and I would be put out by the sheriff in 15 days. I have been here for two years and can't afford to be kicked out on a short noice. Can he really put me out?

[Dr D]

I would say that he can kick you out. Even though other people have pets, the landlord might have changed his policy regarding any new pets. It is his property, and he can set the rules, provided that they don't violate any laws against discrimination.

[Fr_Chuck]

1. You did not say what type of pet, if they have a kitty or a small poodle and you want a great dane or a rattlesnake then that can be the issue.

2. Next you have a specific lease at this point that did not include a pet, you would have to modify that lease by an addion of a pet. This would require the landlord to agree, for you to pay the additional deposit and would allow them to even raise the rent, since this would in fact open the lease up for negotiation.

It also sounds like he does not want you for a tenant for other reasons also and would be using this as an excuse.

[brooks]

Alica, two things come to mind. One is that in Pennsylvania the landlord is not allowed to charge more than two months deposit during the first year of residency. Basically you can request that half of your deposit be returned. I think the landlord is denying you pet privileges because he is aware that if he charges you the extra 200.00 then he would be in violation of the Pennsylvania Landlord Act. In Pennsylvania, a pet deposit is considered additional deposit and together with other deposit it must not exceed two months rent. Also keep in mind that the landlord has the final say on what pets are allowed. Considering PA rental law, a new rental contract has to be negotiated. There is room for negotiation here.

Your other question is can the landlord evict you without a 3 or 5 day notice to cure the breach of the lease agreement. If your lease did not self renew, or you have not signed a new agreement you will have to refer to your agreement for your landlords ability to bypass the usual 5 day notice. In PA, the landlord may have you sign a “waiver of notice agreement”. What this means is that he does not have to give you the required 5 day notice that you would normally be given had you a verbal agreement. You may have waived your right to that notice when you signed your lease. If that is the case, then he can go straight to City Hall and file for eviction. Depending on your lease, you may be held liable to court and attorney fees.

The ball is in your court. You can avoid this whole issue by not insisting on a pet.

[ScottGem]

Something doesn't smell right here. You are saying that the lease specifically states that pets are allowed, but that an additional deposit is necessary. Yet the landlord is denying you what the lease HE gave you states is allowed?

While I don't disagree with the other advice you've gotten, I think you may have a valid case for discrimination. As long as the lease allows pets, even conditionally, as long as you satisfy the conditions, I don't see where he can evict you.

I would try contacting a local tenants advocacy group and talk to them. They may offer to support your case.

[excon]

Hello Alicia:

From what you've said, I think you're entitled to have a pet. I also think, that if you do, you'll have a fight on your hands that you have a good chance of winning. But, losing will cost you money, and (as others have indicated, you might not win.

In my view, it all depends on how the particular paragraph is written. The part you mention about a pet, MAY say something, wherein the landlord already agreed to allowing pets. Or, it could say something like you need to negotiate a pet, in which case you did, and it didn't work.

Could you please duplicate the paragraph in its entirety for me/us?

excon

[Alicia400]

Thanks to all. Brooks are you sure about the deposit thing?

Excon.

Here is the info you asked for.

Pets are specifically prohibited in or on the rental property without the owner/agent's written permission. In consideration of an additional pet fee and or deposit the owners agree to allow pet(s) as follows:

If a pet is permitted by the owner/agent a fee or deposit may be required by the owner/agent for the pet/s deemed acceptable.


a. The owner may at their discretion revoke their permission, at any time, should they choose to do so.

b. The amount shall be determined by the owner/agent and is per pet $________paid monthly. This is a Fee____ Deposit__X__paid on a one-time basis per pet.

c. The monies of the security deposit shall be returned to tenant pending damage assessment.

d. The fee/deposit does not represent the maximum amount that could be charged to or collected from the tenants should there be damages by or from the pet/s or in addition, any actions taken under this agreement by the owner/agent to include, but not limited to, remedies, preservation, or legal costs.

e. This permission does not include any offspring of the pets. Offspring’s must be removed immediately.

Tenant/s agree to be responsible for any actions of pets as defined herein, or in the law, on or in the property.

Further the tenant/s agree that local County, State, and Federal statutes governing animals and pets and that the tenants are responsible for the pets, whether they notify the owner or not.

In the event the tenant in violation of the rental agreement, keeps on the premises a pet.

The landlord may deliver a written notice specifying the violation and stating that the tenancy will terminate upon a date not less than 24 hours after the receipt of the notice unless the tenant removes the pet from the premises prior to the termination date specified in the notice. If the pet is not removed by the date specified, the tenancy shall terminate and the landlord may take possession.

If the same violation of rental agreement re-occurs, the landlord may terminate the rental agreement upon written notice specifying the breach and the date of termination of the rental agreement.

*Now in consideration of the rental property preserved herein, the owner/agent may grant permission to have pet/s for the specific pet/s listed herein. This permission is provisional on the following items and provided the pet(s)s are kept in accordance any and all local, state and or federal laws, and with the following agreement:

[LisaB4657]

Based on the information you provided, the landlord has the right to file for eviction if you get a pet. The way the lease is written a tenant may have a pet only if the landlord gives his written consent. The landlord has already told you that he will not consent to you getting a pet. If you get one anyway you will be in default of the lease and the landlord can file for eviction after 24 hours notice.

If you want to fight this you can claim that the landlord is discriminating against you when you go to court for the eviction. But you are not likely to win with that argument. If having a pet is important to you then I suggest that you start looking for another place to live where pets are permitted.

[excon]

Hello again, Alicia:

Bummer! Remember my choices, a or b? It's b.

excon

[brooks]

Alicia to answer your question: Yes, see below.

Residential security deposits in Pennsylvania are regulated by the Landlord-Tenant Act (68 P.S. §250.511 and §250.512). A security deposit is not the same as rent. It is money that actually belongs to the tenant but is held by the landlord for tenant-caused damages and sometimes past-due rent. Without the agreement of the landlord, a security deposit may not legally be used as the last month's rent.

Pennsylvania law places a limit on the amount of a security deposit that a landlord may charge. During the first year of a lease the landlord may not require a security deposit of more than two months' rent. At the beginning of the second year of a lease the landlord may not keep a security deposit equal to more than one month's rent and must return any money over one month's rent which the landlord still has. After five years the landlord cannot increase a security deposit even though the monthly rent is increased.

http://www.clsphila.org/housing-security_deposits.htm

[ScottGem]

Pets are specifically prohibited in or on the rental property without the owner/agent's written permission.

If a pet is permitted by the owner/agent a fee or deposit may be required by the owner/agent for the pet/s deemed acceptable.

a. The owner may at their discretion revoke their permission, at any time, should they choose to do so.

You need not go any further than that. The lease is clearly worded to give the owner total discretion about whether to allow a pet. While charging an additional security deposit for the pet may not be legal, its immaterial. For some reason, the landlord does not want to allow you a pet.

As Lisa mentioned you might have a discrimination case if other tenants have been allowed pets, but fighting it will be long and costly.

[brooks]

Alicia, have you inquired about your deposit? Though the others may be right about this being a case of discrimination, I would bet that this is less about you and more about the unit you occupy. I have several apartments and the only ones I now allow any pets in are the ones where the carpets need replacing. I suspect the same reasoning applies here. I would also mention to him that if he has other apartments where he allows pets that you would consider moving into one of them. Generally, LL's do not like doing this because it will involve inspection, cleaning and readying your present apartment, but who knows he may entertain the thought. It is possible that your unit rents faster than the one he is holding. Don't be surprised if he has rules concerning what is an acceptable pet and conditions that must be met by you as the owner.

[Alicia400]

Good news! Another tenant is moving out and the landlord will allow me to move into his apartment. He will raise the rent slightly and allow me to use part of my deposit (the one he was suppose to have returned to me)to go towards the rent. Thanks everyone.