Discussions »Laws

Situation with my neighbor

Tabitha on Laws - Fri, September 19 2008

A couple months ago, my next door neighbors adopted a rottweiler mix named Castro. At the time, there were two property managers working at our rental office. One of them gave my neighbor's permission to have the dog and even helped them fill out the neccessary paperwork.

Well, a few weeks later, that property manager was fired (for other reasons, nothing regarding Castro.) So, the manager who remained came to my neighbors and said that they were not allowed to have Castro in the apartment due to his breed. Apparently our neighborhood does not allow rottweilers, pitbulls, German shepherds or any mix of the three breeds (although I've seen at least 3 other dogs in our neighborhood who fall under one of those!)

Well, my neighbors are smart people. They went to the corporate office with the documentation that allows them to have Castro. Corporate also didn't accept it and said they had 30 days to get rid of him. All of us are so angry! If they weren't allowed to have the dog in the first place, they should have been told that from the beginning and maybe they wouldn't have gotten them. Now, a few months later, they are attached. And I don't think it is their fault that the property manager who was fired didn't know the rules!

They are looking into either hiring a lawyer or unfortunately, they may have to move. They are NOT getting rid of Castro. That option is not even on the table, which proves what good owners they are. I just don't get the breed restriction. I feel like any dog is capable of biting someone. They've had him since he was a puppy, so it's not like he was raised to be mean. I feel like rental offices should base their rule on the dog's temperament, not the dog's breed. Poor, sweet Castro.

Anyway, thanks for letting me vent. I will let you all know how it turns out...

Chuck and Sandy on Sep 19 at 01:39 PM

You said the people filled out "the necessary paperwork." This paperwork was to allow them to have their dog.

What kind of paperwork did they fill out?

This sounds like a contract. If that is the case, the rental company is going to have to produce something else - in writing, to supersede their original contract. They (rental agents) cannot verbally change a written contract.

Wish I knew of a pet-friendly lawyer who could help them.

Medley on Sep 19 at 01:42 PM

You're right, that is a load of crap. I think they should talk to a lawyer. If the apartment is going to insist the dog leave, they should let the people out of their lease and give them their full deposit back.

I know one of my dogs is a restricted breed by my complex, but I think the rule began after we moved in, and no one has challenged it. But it has made me very sensitive to the evils of breed specific legislation, for the reasons you mentioned. It's wrong for all the same reasons racism towards humans is wrong.

Medley on Sep 19 at 01:47 PM

Chuck and Sandy said:

You said the people filled out "the necessary paperwork." This paperwork was to allow them to have their dog. What kind of paperwork did they fill out? This sounds like a contract. If that is the case, the rental company is going to have to produce something else - in writing, to supersede their original contract. They (rental agents) cannot verbally change a written contract. Wish I knew of a pet-friendly lawyer who could help them.

Necessary paperwork could be a pet addendum to the lease, that's what I had to sign. It basically lists the rules (pick up poo, don't leave dog on tie-out, restricted breeds) and extra deposit required. If the restricted breeds are listed on their paperwork and they signed it without it being amended, the fact that it's a contract might not help them. I'm not a lawyer, though!

Jennifer on Sep 19 at 02:18 PM

They can go to small claims court file against the Corporate Office. They need to file ASAP before the 30 days are up.

Tyranosaurus Riggs on Sep 19 at 03:07 PM

Mom said she doesn't know any animal lawyers but she does know a lawyer who is an animal activist. Her name is Theresa Cambridge and her # is in the phone book, maybe they should give her a call!

Tabitha on Sep 19 at 04:56 PM

Chuck and Sandy said:

I am not sure what the paperwork entails. When we moved in, we just had a portion in the lease that required us to list all of our pets, a description of what they look like and their breed. No one even pays to have pets in this complex. Anyway, I found out today that Channel 13 has contacted my neighbors about their story! More info to follow...

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