Pets in the Apt.
This is a discussion on Pets in the Apt. within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I recently moved into an apartment under a sub-lease from a freind. My friend had a dog and paid the ...
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#1 |
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Guest
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I recently moved into an apartment under a sub-lease from a freind. My friend had a dog and paid the $300 pet fee. I then moved in and bought a cat. I am now being told I have to pay a $400 fee for having the cat because I did not pay a $300 pet fee, and that the $300 my friend paid to have the dog could not go towards me having a cat.
Can a complex double charge for something like this? |
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#2 |
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Veteran Member
Join Date: Mar 2007
Posts: 292
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No--they can only collect once per lease.
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#3 |
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Guest
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Am I obligated to pay the $400 fine?
If not what do I need to do in order not to pay it? |
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#4 |
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Veteran Member
Join Date: Mar 2007
Posts: 229
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Only the person with the lease pays--and only once.
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#5 |
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Top Level Member
Join Date: Jul 2007
Location: southern OH
Posts: 584
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Under a sublease, you rent from the tenant and the tenant rents from the complex. Your agreement would be with the tenant. This sounds like you have a lease with the complex, not with your friend who was their tenant. (Is it just me, or do these complexes seem to like to use the term sub-lease loosely?) Did you sign a lease with the complex? Did it list the friend on there as a tenant? If not, I suspect you are now the new tenant. If you signed a new lease with the complex, they could require a new pet deposit/fee. If the agreement you signed had the other tenant listed on it, you need to see your friend's pet agreement form. Many forms say this fee applies only to one specific pet, and require another fee for another pet. This is legal in some states, and illegal in others. If you signed nothing with the complex and pay your rent to the tenant who pays the complex, they can apply his pet fee to your pet.
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#6 |
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Guest
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I did sign a new lwase with the complex, however, when I brought to their attention damages left by the previouse tenant I was told thaty I would have to take that up with him. To me it sounds like they pick and choose what they want to see and do.
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#7 |
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Top Level Member
Join Date: Jul 2007
Location: southern OH
Posts: 584
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If you signed a new lease with the complex, you are not subletting from your freind. You are a NEW tenant that took over your freind's apartment. (He is probably being considered as breaking his lease.) I assume you paid a deposit to the complex when you signed, along with the first month's rent, and possibly the last month's rent? If this is the case, his pet fee does NOT apply to you. You are not subleasing, but are a new tenant and need to pay your own pet fees. The previous tenant's pet fees do not apply to you since you are not subletting.
The complex is correct that they need to take any deductions for damages prior to your move-in from your freind's deposit. New damages after you leave will be deducted from yours. But make sure you document the damages that were in the unit when you took possession so they don't try to charge you for these too. |
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