iantdopps

ok, so I know this is a 928 board and some people don't like it, but I need some silly legal advice from any other 928 owners. I live in an apartment and told the management that I did not have any pets when we moved in. Well, we got caught with them, along with 50 other apartments here. Here it the thing. The pet deposit is $300. The lease says we owe double the pet deposit if we move a pet in without permission. However, they want an additional $200 for having more than 1 pet, and $100 per month that we have lived there (which they have no proof of). So, they want $1100 today, or we are gone tommarrow. Nowhere in our lease does it say we need to pay more than $600 for any number or type of pets. In addition, Kansas law limits pet deposits to 1/3 months rent as a pet deposit, which would total $437.50 in our case. So, I wrote a certified letter saying that they could not do that, and wrote a check for 1/2 months rent to them with this in the memo "PET DEPOSIT=1/2 MONTHS RENT MAX". They cashed it, so that means they accept the terms of the check, correct? We payed rent last week, and today we has a notice on our door saying we did not, and that we would be evicted. So, we called and they said we had an outstanding balance of $1,100 so our rent checks were applied to that, and that we owe another $800 for this months rent. The rent checks said "RENT DECEMBER, 2002". Is this fair? Is this legal? Nowehere does our lease say this, and they turned off our cable, which is not in the lease. What do I do? I kow this is not an appropriate topic for this board, but you guys are always so smart, I am stressed, and I would rather spend the money on my car. Thanks for any ideas!

User 4221

I can't help too much but in my experience most apartments charge "Pet Fees". This, by verbage alone, indicates a charge that is not going to be refunded at any time. Typically the fee is paid up front and then an adder of ~$100 per month is
tacked on to your rent.

I don't know what else to say. I'd advise to maybe strike a deal and meet somewhere in the middle. Take a look around town and check on vacancies at other apt. complexes. If the vacancy rate, like here in Dallas, is high, then they cannot afford to evict 50 people. It appears that they are looking for cash.... plain and simple. Appeal to their greed but try to limit your financial exposure by offering a deal.

HTH,
Scott

Jay Wellwood

I can't speak for Kansas Law, but as an owner of Apartments, I would have a different viewpoint than most others here.

Anyway, despite my prejudice towards pet owners in MY Apartments, I can tell you that evictions are often difficult to enforce (at least here in Arkansas). Often, it takes up to 3 months to get the evictions enforced. Anyway, I would NOT place confidence that your memo on the check regarding the increased rent would serve as a legal and binding acceptance from the Landlord (which is most likely a Property Management Firm DBA the landlord, which is my circumstance).

In as far as turning off your cable - do you pay the cable bill, or does the Landlord? If you don't, then they turned off THEIR cable to you as a matter of inconvience to YOU. Just another way to send the message that they are dis-pleased with the situation at hand. Nonetheless, it sounds as though there may be a loophole or two regarding the Law and what the Landords' Property Management Company is attempting to do with/to you.

Overall, my advice would be to you as follows-

1) You knew the rules - and you chose to break them.
2) Pets are pets - while this may be true, there is a certain amount of risk as a Property Owner that is incurred with Pets.
3) Based on #2, there is often an additional sur-charge for Tenants with pets.
4) In the event that pets are found on the premises, and they are not declared from day 1 as to their existence, then the Landlord (aka Propety Management Company) may make adjustments according to the Law - period.

Don't misunderstand me - I have pets, and love them dearly. However, when you live in anothers' house - sometimes (read all times) the rules change.

Last but not least - consider that damage that a Pet COULD do to a dwelling - this is why the Landlord enforces such high pet surcharges. Carpetting, Paint, Molding, and Sheetrock work do not come cheaply.

Just my $0.02 worth-

iantdopps

Yeah, I definatley understand your side, as a landlord. I would expect something, but these people are out of control. They claimed that the money is only a deposit that is refundable. They also said that the pet deposit is $300 to me, and $200 for my neighbor. They are giving all sorts of people different prices. They claim that they may impose new rules in unusual circumstances. Having more than one pet is not unusual, and the Kansas law states that new rules may only be made if they are for the wellbeing and saftey of the tenant, and cannot not be enforce unless signed by the tenant. I know Kansas really favors the tenant. I am a good guy, and sure I broke a rule, but man, they brought in $30,000 this month on people who did not report their pet. It is a brand new place, and only have of the places are rented. They do not have a monthly fee there, just a $200 deposit that is refundable, so i wonder why he wants $1,100 from me. Looks at his ratings here:
<a href="http://www.aptratings.com/rate?@=v&complex_id=800396741566223&showall=true" target="_blank">www.aptratings.com/rate?@=v&complex_id=800396741566223&showall=true</a>

iantdopps

I guess that did not work. The place is in overland park, kansas and it is called plaza gardens south

Greg86andahalf

I have always thought that writing something in the memo area of a check does not create terms of the payment. I do beleive that writing a conditional statement on the back of the check where the payee endorses the check will serve as payment conditions. Something like "by endorsing and cashing this check, payee agrees that the amount of this check is full and final payment...blah..blah.. blah." Not the exact words, but you get the point.

If this is not true, I'd like to know as I have sometimes done this in the past.

Greg

Big Dave

Greg:

I think the concept you are looking for is called "full accord and satisfaction". Their effect when written on a check, vary from state to state.

Ian: You did break a term of the lease, and the lease likely permits the landlord to evict you. However, if pets are allowed simply with the payment of a deposit, and lying about having a pet is not written in the lease as being a "breach" of the lease that allows its termination, you can fight the eviction.

Now, before I start, let my preface this by saying that although I'm a lawyer, I don't represent you. You're not in Michigan, so I cannot, and I am not attempting to, practice law in your state. You should definitely consult an attorney, especially if you want to stay in the apartment.

With that out of the way, the lease may be your ally here. It is important to determine whether pets are allowed, and whether lying about them specifically constitutes a breach of the lease. If it does, you're out of luck if the landlord wants you out. All you can do is try to cut a deal or stall for more time.

If the lease does NOT indicate that lying about having pets constitutes a breach, then you can fight the amount being charged to you. Read the lease term literally and pay what it says in black and white (using a certified check is a good idea).

If the landlord accepts the check that was payment for the pets and then tries to evict you (assuming that the lie about the pets isn't a breach of the lease), use the court system to your advantage. In Michigan, a landlord must give 30 days notice to a tenant to vacate unless the tenant fails to pay rent. It's called a "notice to quit". After the 30 days, if you don't leave, the landlord must file a complaint for eviction. A hearing will be scheduled for you to argue your case before the judge. The judge likely does these cases every day and will be prejudiced against you simply because he's heard every excuse in the book. You should be familiar with your lease and explain that you have not breached it. You paid the deposit as requested in the amount required and the landlord is wrongfully evicting you. Ask for a jury trial. It will likely take months before such a trial can be scheduled.

You really ought to consider getting a lawyer to help you with this process. Doing so will increase dramatically your odds of getting a satisfactory outcome. It also increases your bargaining power with the landlord. However, since it sounds like the landlord really dislikes you (or soon will), you'll probably still end up moving out at some point.

Hope that helps. Good luck!

Incendier

Dave:

It's been a while since I was in private practice, but in pieces:

1. As you said, unless specifically stated, I would argue that the inclusion of a penalty for having the undeclared pet would take it out of the range of a breach of the lease. The possibility of "unapproved' pets was clearly contemplated in the drafting of the lease and there was ample opportunity for it to be declared a material violation; instead, it was included as an additional term (of sorts) of the lease with an attached penalty. If you lease a car and exceed the alloted miles, you pay extra 'cause it's in the lease, but you don't forfeit the car. Same gig.

2. This landlord is doing one helluva job of ex post facto drafting of this lease - additional fees for more than one pet? Retroactive extra monthly payments? Gimme a break. Accepting the facts at face value, this is textbook landlord bullying - somebody's mad at being duped. Unless it's drafted in the lease, these arbitrary assessments are toast.

3. Every state I've ever encountered has no provision for immediate termination of a lease without very specific language to that effect in the lease - there's always a grace period, and that period may be extended indefinitely if the lease is under litigation and rent as stated in the lease is current. Don't move; if the Sheriff throws you out, you can just add damages, pain and suffering, and wrongful eviction to your suit

I agree that some counsel would be appropriate to iron out the finer points of Kansas law. And Dave's best lawyer trick - set it for trial and get a jury - is prime beef! You'll have this thing resolved before you ever get to pick juror #1.

Greg86andahalf

Thanks Dave.

chris928

I don't see why landlords care about pets, apartments are essentially kennels anyways. Half the time people are dirtier than animals.

Go buy your own house, the timing couldn't be better with the interest rates at rock bottom. Find a place with a nice garage for your shark and a yard for your pets.

Keep whatever money you owe, let them take you to court.

Max

First off I would like to say, I don’t mind the few off topic posts we’ve gotten here. Most are somewhat educational while others just plan funny.

In my youth I lived in many apartment. I owned at least one car, one truck and had various motorcycles, three wheels and RC toys. After a month of living at an apartment I would sneak in my motorcycles one at a time into my apartment in the middle of the night and store them in the second bedroom (no more than three and all nice and clean). I would always go the extra mile and put cardboard down over the entire carpet in that room with the seams taped. After the first time I got caught and was “unjustly evicted”, I would than install a dead bolt in place of the doorknob to keep the maintenance men out for that room and I would change the dead bolt on the front and back door if it had one This worked, but I would always get caught at some point.

After the second or third time I was to be “unjustly evicted”, I hung in there and forced them to have me thrown out by force (Sheriff). To make a longer story short, after a short legal battle (about a year) they ended up paying for the storage building I had to rent to put all of my stuff in, the U-haul truck I had to rent to move out ASAP, the difference in my rent (about 75.00 more each month) and of course the pain and suffering I went through.

Why do I use the words “unjustly evicted”? Well at the time, there was nothing in the renters agreement (contract) that prohibited me or anyone else from storing motorcycles in an apartment.

Go find you a good young lawyer who looking to make a name for himself (oops, or herself)!

JM.02

iantdopps

Those are some great tips! I do agree that I did something wrong, and that the landlord is a BIG bully. We just did the perfect thing! My wife went in (who is HOT and owns a red 928). She acted confused and innocent. Well, the management (the landlords son) was bullying her around. Then, his dad walked in and started listening. He threw out the imaginary cards and said, "well....we have this one on the way to the lawyers desk...blah, blah, blah." So, my inocent wife started balling and said we never had any problems and had never been evicted and did not know what was going on. Guess what? It was a complete spin after that! The owner said, "well we like you and want you to stay, and we could put this lawyer thing on hold. We can work something out, and you won't lose any money." So, I guess they just want a $400 deposit, which is cheaper than everyone else, and only a $25 fee per month, which is better than nothing. After I sign the new paper, I am going to smile and run!!! No more renting after July! I will have my practice and my own home!!! And about the $20 fee to reconnect our cable......Should I tell them to give me $20 because I already reconnected it 3 weeks ago? :-)

Randy V

OK - as 'payment' for all this great advice, post pics of your HOT wife with her red 928 - we all want to see this Academy Award nominee who saved you from being thrown out into the streets for Christmas <img src="graemlins/roflmao.gif" border="0" alt="[hiha]" /> .

Big Dave

[quote] as 'payment' for all this great advice, post pics of your HOT wife with her red 928 <hr></blockquote>

Sounds good to me!

Max

Might I add, good HQ Dig. Pic (s)