**** Hit the fan!!!

juice1348 · Posted: Thu Oct 07, 2004 2:50 pm Post subject: **** Hit the fan!!!

[****POST EDITED DUE TO PROFANE LANGUAGE: Please view: http://www.auspet.com/forum/viewtopic.php?t=6316 ]

Ok, here we go. As I explained in previous posts, I live in an apartment complex with Avary. Avary is 49 lbs and will not get much bigger. Anyways, when I moved in they said the weight limit on dogs is 30 lbs, but they are VERY moveable on the subject. EDIT , my dog plays outside with labs, shephards etc that out weigh her by 20-30 lbs. So its not a big deal. The little kids in the back play with Avary all the time and she is awesome with even the smallest of dogs (EDIT , a 4 1/2 lb mini dachsund bit her nose at Petsmart and Avary hid between my legs, hahaha). Anyways, I get a call at work on Tue saying how there has been a complaint that my dog is too big and now I have to "get rid of the dog." See, getting rid of my dog is NOT AN OPTION. I went into the office yesterday and the head lady was a complete EDIT . I told her that there are dogs 2x as big as mine and all she kept saying was "well, your dog is a Pitbull and I heard its very mean." I told the EDIT that is was far from mean and that its an American Staffordshire Terrier (trying to confuse her, lol). But she kept saying no. Now, I know the two older people above me who have lived there 14 yrs complained about her. They complain about EVERYONE AND EVERYTHING, I seriously want to make their lives miserable now. I have 30 days to get out of the apartment because of my "viscious pitbull" or get rid of her. And if I leave I am STILL responsible for the next 5 months rent.
WHAT CAN I DOOOO????!!!!! My dog is loved by everyone there. Oh and worse is that those people who complained work in the maintainance dept of the complex so they have an edge. Everyone hates those complaining EDIT !!! I am so heated and worried.

Remember....getting rid of Avary is NOT an option!

Piper's Mom · Posted: Thu Oct 07, 2004 2:57 pm Post subject:

Is the weight stipulation in the Lease Agreement that you signed? Did you have to sign any additional papers to keep Avery there?

someday · Posted: Thu Oct 07, 2004 2:57 pm Post subject:

I feel for you..at my last place Annie wasn't allowed and I actually managed to hide her for the 4 months left in my lease, but my parents were on backup if I ever needed to send her somewhere( I didn't want to, but better her living in Texas a few months than get rid of her), but we ended up being fine and she's allowed at my new place so no problem.
It s**k that she weighs too much, because unless they have it stated in your lease the pitbulls aren't allowed, i don't think they can do anything. Unfortunately, I don't think there's much you can do. Is there anyone who can keep her for you for a while?

Angie · Posted: Thu Oct 07, 2004 3:00 pm Post subject:

If everyone else loves your dog, would it help to have a petition?
I don't see how they can kick you out and still make you pay...?
That is just bull! I hate people that complain about things they don't know about and maybe enjoy making other people's lives miserable.
Too bad you can't get them kicked out!
Mad

juice1348 · Posted: Thu Oct 07, 2004 3:31 pm Post subject:

thats the whole thing...technically they are NOT kicking me out, they are just telling me to 'fix' the problem. Yes, in my lease it says 30 lbs max, but they orally told me that it wouldnt be a problem. and there are many other dogs that are way over 30lbs. But there is nothing in the lease about pitbulls. I am so angry right now! I was thinking about a petition.

spencerpits · Posted: Thu Oct 07, 2004 3:37 pm Post subject:

Who orally told you that she wouldn't be a problem? Did you bring that up to the apt manager? I know this sounds mean, but have you thought about reporting everyone else who's dog is over 30 lbs? Not with the intention of getting those people in trouble, but to make a point to the apt manager. Maybe compile a list of all dogs you know of that are over 30 lbs, what apt their in, and confront the apt manager with that. Tell her that if she doesn't either make an exception for you, or treat the other residents who have dogs over 30 lbs the same as you, that you are going to bring them up on charges of housing discrimination. That, in addition to a petition from neighbors just might change her mind.

juice1348 · Posted: Thu Oct 07, 2004 3:43 pm Post subject:

Spencerpits......I said that to the lady! I said what about all the other 50, 60, 70 lbs dogs in there. So she looks at me and says, 'well, complain about them and I will kick them out too.' Unfortunately, I wont ruin someone elses living conditions just because these pieces of EDIT ruined mine. I am contacting a lawyer I think.

Kathy74 · Member Joined: 19 Mar 2004 Posts: 73 Location: Canada

Instead of reporting the other large breed owners, talk to them and see if as a group you could all go talk to the lady in charge at the same time. My guess is, if they've heard what has happened to you and all like Avary, they should be willing to try to help. I mean, when your gone the neighbor is going to have to find someone else to complain about, and it could be any of them. As for being respnsible for 5 mths rent after you vacate, DEFINATELY speak to a lawyer on that one, especially if that 5 mths is not in your lease agreement.

GinaH · Super Senior Member Joined: 18 Mar 2004 Posts: 1377

As Kathy said I would talk to the other dog owners and be sure to mention how this could happen to them.
As far as owing 5 months of rent afterwards...I honestly do not see how they can enforce it since you are not the one breaking the lease the apartment manager is. If I were you I would most definitely seek legal advice.

elizavixen · Senior Member Joined: 19 Mar 2004 Posts: 683 Location: SC

Unfortunately, from a legal standpoint I don't think there is anything you can do. I would just try to talk with the people and try to get them to let you out of the lease. Let them know that the next 5 mos will be very rough for them if they don't just let you out of the lease. Give them trouble. Call everyday and complain about every little thing. Or see if they would let you sublease the place.

MaxKellyAST · Posted: Thu Oct 07, 2004 4:25 pm Post subject:

There is a thing called The Federal Fair Housing Act. They cant charge that you signed a lease/pet agreement to the effect that you wont have a dog over 30lbs but say that only dogs who have complaints on them have to leave no matter what the weight. The argument being, you cant hold the pet agreement against me if you have allow other pets over the weight limit and you cant charge that after one complaint from a member of your staff I get the boot and then we go back to the pet agreement. Its descrimination and it not "fair Housing" remember to throw that pharse at them, i'm in property management and we cringe when a resident says that. You may not have a case but you can bluff like you do. Get a copy of your states "Landlord/Tenant Act".

Angie · Posted: Thu Oct 07, 2004 4:25 pm Post subject:

Unless it says anything at all about Pit Bulls, then I don't see how they can do anything UNLESS they get rid of ALL the dogs 30 lbs and over.
You should gather everybody up with dogs 30lbs and over and bring the dogs to the office lol

If there are a lot of dogs over that weight limit, I dout they would kick out all of those people.

This kind of stuff makes me mad Mad

ngkon · Posted: Fri Oct 08, 2004 8:03 am Post subject:

I would just stay for the next five months of your lease while looking for another place. It would take them 5 months just to get the ball rolling on getting you out.
Nick

spencerpits · Posted: Fri Oct 08, 2004 5:15 pm Post subject:

If you don't think you would have too much trouble finding another place (maybe a house for rent) that would accept your dog, what would the apt complex do if you just didn't get rid of her? They would likely evict you, which wouldn't really be you breaking the lease (not really sure on that though). If they evicted you, they'd most likely have to give you a 60 day notice, and you'd probably only be responible for an extra 1 or 2 months rent, as opposed to 5 months. Granted, that would still be 1 or 2 months rent you'd have to pay for when you wouldn't be there, but it's better than 5. Or, do you think it'd be possible to simply hide her? When I lived in my apt complex, I got a couple of notices of having more dogs than I was supposed to (which I did), but I just started walking them at times when a lot of neighbors wouldn't be around to see them, and I got no more complaints. I'd walk them first thing in the morning just to go potty, and then later at night, to go on a longer walk (and let them run around to play in the fenced in tennis court). It's not the 'right' thing to do, but neither is singling you and your dog out when many others have dogs over 30 lbs.

Samsintentions · Moderator Joined: 19 Mar 2004 Posts: 4297 Location: Texas

From a legal standing, you do have a case. A VERBAL ok is a binding contract. There for she ok'd your dog to be there over 30lbs. The fact that there is no "PitBUll" bann in the lease also is on your side.
They can not force you to get rid of the dog if your contract does not state no pitbulls. She Ok'd for you to have it over 30 lbs.

Throw in that "fair act" and use some hight "law" terminology. Then if that doesn't work...

Keep her. What could they do to you? if they say something, tell them you are still trying to "rehome" her. Then when your lease is up, take her with yu and find a more "dog" friendly place.

You could always contact the BBB on the issue at hand, or threaten a newspaper article on such and such apt complex's discrimination.

Angie · Posted: Tue Nov 02, 2004 1:30 pm Post subject:

What happened?

juice1348 · Posted: Tue Nov 02, 2004 2:41 pm Post subject:

well, they gave me 30 days (which is about up). My father contacted his lawyer and he told me to stay until they start the eviction process. Then he will write them a letter with pictures attached of the many other oversized dogs that I took. He said he thinks I have a good case. We will see. Thanks for the concern!

Samsintentions · Moderator Joined: 19 Mar 2004 Posts: 4297 Location: Texas

Thats great! Keep them on their toes!

GlenC · Member Joined: 24 Dec 2004 Posts: 34 Location: Oklahoma

Whats the verdict? I am very interested in this? I hope it worked out for you