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Jan. 8th, 2004

daernhelm's parents are bringing their dog with them when they come to visit him this weekend.

Did you know that there is at least one hotel in the Madison area which not only allows pets, but even has a kennel facility in case you need to (for example) go to dinner without the pet you brought with you?

After thinking about it, I can understand wanting to bring the dog. She's been with them less than six months. Her previous owners either abused her or abandoned her, or both. She's finally gotten comfortable with them, but she's still skittish around other people. And she was very unhappy when they kenneled her for a trip they took a couple weeks ago.

But it was a little odd to get called to the phone last night and asked if I had a problem with the dog coming to visit.


( 5 comments — Leave a comment )
Jan. 9th, 2004 08:35 am (UTC)
Is the dog going to be in your house? And will the landlord mind?

I have a lot of friends who want to bring their pets when they visit (usually dogs - most cat people leave the cat at home ;-). Unfortunately, we've got an agreement with our landlord NO DOGS IN THE HOUSE EVER. With the tiny weiner dogs and 6 lb puppies and such, we've ignored the rule. But big dogs sit in the backyard alone. Which means their owners won't come over. Which I can understand, but I'd never get a pet that ruled my life like that...
Jan. 9th, 2004 08:52 am (UTC)
Well, technically it's a no pets lease, but only because it was printed on the form. And the lease wasn't really valid anyway, and it expired months ago so it's pretty much irrelevant. Besides, the people before us had a dog. (Which is crazy - even little squirts of dogs shouldn't live in an apartment this small.) So I'm sure the landlords wouldn't care.
Jan. 9th, 2004 09:31 am (UTC)
How is the lease not valid? (I know that you'll have this answer better than I would since you work for a lawyer and all!) But here's why I'm confused:

One of my legal classes talked about when you continue living in a place after the lease has expired or when you're renting a place and there's no written lease. Basically, if the lease expires but you still live there, there's some sort of an informal and very legal thing that says that if you're both still accepting you living there, it's under the general assumption of the lease you had.

And, if you have no written contract, there's still basic rental assumptions (you won't wreck the place, you'll pay your rent, your landlord needs to give you 30 days before telling you to leave, etc.) since even though it's an unwritten agreement, it's an agreement.

So I can udnerstand how the no dog thing would not necessarily qualify under an unwritten lease, but I'm kinda hoping you can explain how it would work under an expired one....

Sorry. I'm just all confuzzled now. That was one of those things I thought I got pretty well :-(
Jan. 9th, 2004 10:07 am (UTC)
*grin* This is decently complex, and your class is right for the most part. You should assume that what you learned is right. I have some (mostly intentional) ambiguities because I know too much.

1) My lease was questionable in the first place because it wasn't consistent with itself. Specifically, it was a twelve month lease for a specified period that was thirteen months long. For all practical purposes, that means nothing, since the actual agreement was understood (as in some of your examples above). However, if for some reason it had gone to court, a case could be made for any of the other terms being invalid and not clearly understood when there was obviously at least one part that was. This would only be relevant if either my landlord or I took the other to court over something. Not likely in my case, but the crazy bitch-lady who used to live behind me could have had a field day with that kind of loophole if she were smart enough to figure it out.

2) The lease is a realtor form. The no pets part is in there, and we didn't cross it off. But my landlady said, when we were going over it initially, that she didn't mind if I had a cat or a small dog, just to let her know. Given that, there's no way they're going to mind Jeff's parents' dog visiting for a few hours. Which is all I really needed to put in my earlier comment.

3) You're absolutely right about the assumption being that the prior terms apply when a lease goes month-to-month. Any and all of those are subject to change, though, at any time and without warning. A court will generally preserve status quo, and assume the standards for renting that are common to the area. However, if someone could bring evidence that either a) there was no agreement on either the original terms or subsequent changes, or b) that a change had been made and accepted that was counter to custom and/or written terms, the court might rule for that person instead. In addition, there are some things that can be changed at any time without warning if you don't have an agreement to the contrary - like the amount of rent. This is why it's generally best to put any changes in writing, even if it's just that you want to extend under the same terms for another set period. The only reason I didn't write a letter to that effect when my lease expired was that I wanted to stay month-to-month, since I didn't want to commit to another year.
Jan. 9th, 2004 10:22 am (UTC)
I actually never had a lease until I moved to AZ.

I lived in Sussex County under a lease that was never signed by my landlord. Well, actually, it was a 6 month lease. I signed it. I crossed a few things off and changed them. He signed it and gave it back to me at some point AFTER the initial 6 month period. In the meantime, we had all sorts of fun b/c he'd try to make changes to my rent or whatever on an apartment that wasn't anywhere near legal. So I'd tell him he could but he had to bring my apartment up to code before I'd agree to that price.. And he'd go away again for a few months.

When I lived in Bloomfield, there was no lease, it was stated beforehand as a one year thing. The landlord chose to throw me out when my roommate started hassling him to do so. He tried to throw me out early. I refused to go until the end of our verbal agreement. LOL I also pointed out that he couldn't throw me out with his tried at 2-week period. And I refused to leave before the absolute lastday of the month even though his wife kept walking over (they lived acros the street) to tell me that it woudl be much easier for "ME" if I moved out on the weekend before instead of a week day. Ok, so I was a bitch. but they were stupid, too.

And whenI lived in Cedar Grove, I was renting from friends. Some of whom lived in the house.

Here in AZ, I've been a stickler on the leases. I got tired of dealing with non-contracts!
( 5 comments — Leave a comment )