Apartment wants the dog gone

[Wrath]

We got a nice note from our apartment office the other day that said it had come to their attention that we were keeping a dog over 25lbs, which was strictly against their policies. The real kicker is, we've had him over a year now, since he was 10 weeks old, we paid our pet deposit for him, and told him what breed he was. We were told that it wouldn't be a problem and have had no issues. When we go outside, he's always on lead and he's certainly never unsupervised which is something that I can't say about a dozen other dogs in our community, many of them also over the 25lb limitation. We even 'donated' our scooper to a communal area where a lot of people take their dogs to go potty and I always clean up after our dogs as well as take care of a half dozen piles that were overlooked by other dog's owners. Jaxom has been in continuous classes since we got him and I often go outside to the communal area to practice with him.

The most annoying part of all this is that management and mainatanence have seen him in our care MANY times over the past year, they were well aware that we had him and how big he was. 3 months ago, we renewed our lease for another 6 month term, and now that we're halfway into the new lease, they want us to get rid of the dog. BAH, I say.

We're going to talk to the management about it because when we moved in, the 25lb limit wasn't in place. The only thing this is going to accomplish is it's going to cement our desire to move out at the end of this lease rather than renew for another few months. We may have to play a few games of hide the dog for a few months or sequester the assistance of one of our friends with a yard to keep the dogs in during the day.

[Bucky's Mom]

Originally posted by Wrath

We're going to talk to the management about it because when we moved in, the 25lb limit wasn't in place.

Well then I would think it doesn't apply to you - do you have the Original letter that they sent out when they changed the policy? Does it make reference to WHEN the policy would become effective?

What fun you will have playing hide the dog (NOT) - I suggest a lock on your front door that THEY don'y have a key to.

Sorry you have to go through this

[Miabella]

I think Burnsway faced a similar problem a year or two ago. Maybe she can give you some advice.

[Canesmom]

I wish that I had some wonderful legal advice to give but unfortunatly, I don't. This makes me sooo mad. There has got to be something that we can do about all of this unfair BS. There has to be enough responsible Rotweiler owners and other large breed owners that can get together and do something about this unfair discrimination. If I new where to start I would love to be a thorn in someone's side until they put a stop to this.

You stand up to them and DO NOT back down. That is total BS. I wouldn't hide my dog from them. That would be punishing him, he hasn't done anything wrong and should be able to do everything he's been doing. I'm sorry to go on and on about it but this just infuriates me.

[sophie's-mom]

But if you signed, I mean ACTUALLY SIGNED, a new paper for your renewal, it very well may have been changed in the NEW contract. If you do anything outside of your contract (keep the dog, change the locks, hold back rent), depending on how nasty they want to get, they can LEGALLY kick you out and make you liable for the remainder of the rent due under the new contract.

Do talk with them.....see what can be done, ask if you can place a larger, REFUNDABLE deposit.

Not trying to be ugly, but it kind of sounds like you did know about the 25 pound limit and tried to get around it.

Make sure you read your contract AGAIN, but legally, you're probably in breach of the agreement.

[Karyn]

Read your lease thoroughly and check your local ordinances to see if there are any restrictions on dogs. See if there is anything in the lease about the pet limit. If not, they cannot make you get rid of the dog - they can however, refuse to renew your lease. If they file you can contest unfortuantely - it costs money. You can file a discrimination suit against the landlord - but again, it costs money. Talk is cheap except when a lawyer opens his mouth.

[Rott-Wiley]

It sounds like what you need to do is go back and read the renewal lease that you signed 3 months ago. That is going to spell out what the restrictions are regarding the 25 pound limit on a dog(s). I also noticed in your sig that there is a GSD mix listed. Do they live in your apartment also? Anyway, if there isn't any mention of dog(s) in the renewal, then you have to go back to the original lease and that will decide the issue. Sounds like eighter way you need to start looking for a new place.

[lblax]

Originally posted by Wrath
certainly never unsupervised which is something that I can't say about a dozen other dogs in our community, many of them also over the 25lb limitation.

ah yes but you have a rottweiler

[mercedes]

I don't know how apartments work where you live, but here, landlords can add new things to contracts all the time, whether or not you like it. It sucks, but thats how life goes. It happened to me at my first place.

[RottiMomCT]

Originally posted by mercedes
I don't know how apartments work where you live, but here, landlords can add new things to contracts all the time, whether or not you like it. It sucks, but thats how life goes. It happened to me at my first place.

My former landlord wanted to go 'no pets' and sent out letters stating that NEW TENANTS would not be allowed pets, but those currently renting would be allowed to keep their pets, but a 'pet deposit' would be required. If the 'pet clause' is NOT in your new lease, if/when you RENEW the lease in 6 months, you will not be allowed to have the dog, but until then, make sure everyone else with dogs over 25 pounds, regardless of breed, got that same letter.

If they are trying to target YOU because you have a rottie...thats discrimination, especially if they have NOTHING to back up their reason for wanting the dog gone except for the fact he's a rottie. Sounds like you are a responsible pet owner and they just don't like rotties...I'd start looking for another place to live if I were you...start now, you've got six months to find something.

Good luck - keep us posted!!

[Burnsway]

Originally posted by Miabella
I think Burnsway faced a similar problem a year or two ago. Maybe she can give you some advice.

Oh yes I did go through this but there were a few differences that got me out of it.

One I was going through a month to month lease so everything on my original lease that did not have a weight limit is what by law they had to stick with.

Sounds like Wrath signed a new lease that clearly stated the new rules......:(


I also agreed to walk Psyche before it got light and after it got dark so other residence would not question why she was allowed........

Wrath one thing you may have on your side is you are 3 months into the new lease. Many states have a law that if the Landlord takes more then so many rent payments knowing you have a dog they can't be forced to renew your lease but they also can not force you to move out or get rid of your dog before your lease is up. You will have to check your state laws.

The number one thing you do not want to do is piss your management off and get into a pissing match with them. They will win! Many will work with you if you just keep your cool.

Good luck!

[tugger5000]

Originally posted by Bucky's Mom

What fun you will have playing hide the dog (NOT) - I suggest a lock on your front door that THEY don'y have a key to.

Don't do this, it's illegal (but there are things you can do that will let you know if there was an unauthorized entry.

I would try and find out from your neighbors if they received similar letters. If not, then they're discriminating against you based on the breed of your dog that wasn't specifically written in to your lease renewal. However, in signing your lease renewal, if they didn't note any changes to the pet policy, then they can't do anything to you until you're up for renewal again.

Here's a few of the resources I've used when I was renting:
http://www.nolo.com/
http://www.tenant.net/
http://www.landlord.com/

[Wrath]

When we signed the new lease they didn't say a thing about the dogs.
We ran into some new tenants a few weeks ago who said they had gotten rid of their Rottie because the apartments didn't allow big dogs.
I was told yesterday that the property management had changed hands, and it was the first I heard about it. There were no letters sent out alerting the tenants to the change in ownership or policies.
The 25lbs limit was in place when we moved in, but they said it was not a problem so long as we didn' t get any complaints. I filled out paperwork on him and gave them a $300 half refundable deposite and that was it. This was a year ago and now they pull this get rid of him mess. If it was a problem they could have said something 3 months ago and we would have moved out. We are stuck here until August now.

[tugger5000]

I would just say that the former management didn't have a problem with it, you're not getting rid of your dog and if that's the new policy then inform them you won't be renewing your lease.

If they try and go after you, you'll be out of there before they can do anything anyway.

[Judi W]

Since your contract did state the weight limit, I don't think you can complain. You knew it was there and verbal assurances do not negate the written contract. If you had an addendum to the contract it would be different. The new owner was not out of line to assume the written contracts applying.

It is similar to having your insurance agent say that regardless of company policy, they'll take on your Rottweiler when the company forbids it. Not an acceptable risk.