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Old 10-23-2013, 06:54 PM
 
4 posts, read 6,135 times
Reputation: 10

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My mom did an application for some apartment and we were supposed to move in there in a little over a week. Today she found out that they don't allow pets. They never brought it up to her and it was not on the application. She was told she has to write a letter to the apartment complex's owners to see if she will get it back. I know it's stupid that she never asked if we could bring our pets but it wasn't on the application and they never said we couldn't. Will she get the deposit money back? If not what do we do? Louisiana is where we live.
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Old 10-23-2013, 08:01 PM
 
Location: The Triad
34,090 posts, read 82,716,942 times
Reputation: 43659
Quote:
Originally Posted by JCoPee View Post
Today she found out that they don't allow pets.
They never brought it up to her and it was not on the application.
Does this mean the application doesn't mention pets?
Or that Mom never mentioned that you have pets?

Quote:
I know it's stupid that she never asked if we could bring our pets
but it wasn't on the application and they never said we couldn't.
I really and truly don't believe that any of this is true.

Quote:
Will she get the deposit money back?
Not likely. It's going to come down to Mom convincing a Judge that the obvious and common
practices of every landlord in the world (asking about pets and when they are allowed discussing
the cash cow of deposits/fees) somehow ceased to function when your Mom showed up.

I'm reminded of the magic grits in Cousin Vinny

MVI_2713.AVI - YouTube
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Old 10-23-2013, 08:36 PM
 
13,113 posts, read 20,856,336 times
Reputation: 21318
IF...
The application did not mention the No Pet's Policy,
and, there were no notices posted at the place of application that mentioned the No Pet Policy,
and, the person for the complex never mentioned the No Pet Policy,
and, no lease was signed that stated the No Pet Policy,
and, no lease was signed that states a tenant must follow house rules and the No Pet Policy was not part of those rules,
you have a good chance of getting it back if they refuse to allow the pet because they are denying you occupancy based on their No Pet Policy.

The key is the No Pet Policy has to be consistently absent in everything where you could have or would have known about it.
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Old 10-23-2013, 08:56 PM
 
4 posts, read 6,135 times
Reputation: 10
Quote:
Originally Posted by MrRational View Post
Does this mean the application doesn't mention pets?
Or that Mom never mentioned that you have pets?


I really and truly don't believe that any of this is true.


Not likely. It's going to come down to Mom convincing a Judge that the obvious and common
practices of every landlord in the world (asking about pets and when they are allowed discussing
the cash cow of deposits/fees) somehow ceased to function when your Mom showed up.

I'm reminded of the magic grits in Cousin Vinny

MVI_2713.AVI - YouTube
The application doesn't mention pets. The person who she talked to which is the manager knows it isn't on the application. It isn't like my mom is saying i wasn't on there and they are saying it is. They BOTH know it isnt on there. I manager even told her that he told the owners they should put it on the application.
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Old 10-23-2013, 08:59 PM
 
4 posts, read 6,135 times
Reputation: 10
Quote:
Originally Posted by Rabrrita View Post
IF...
The application did not mention the No Pet's Policy,
and, there were no notices posted at the place of application that mentioned the No Pet Policy,
and, the person for the complex never mentioned the No Pet Policy,
and, no lease was signed that stated the No Pet Policy,
and, no lease was signed that states a tenant must follow house rules and the No Pet Policy was not part of those rules,
you have a good chance of getting it back if they refuse to allow the pet because they are denying you occupancy based on their No Pet Policy.

The key is the No Pet Policy has to be consistently absent in everything where you could have or would have known about it.
yes both parties completely agree that nothing was said about a no pets policy, and both parties agree that nothing on the application said anything about pets.
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Old 10-23-2013, 10:02 PM
 
13,113 posts, read 20,856,336 times
Reputation: 21318
Quote:
Originally Posted by JCoPee View Post
yes both parties completely agree that nothing was said about a no pets policy, and both parties agree that nothing on the application said anything about pets.
If it was never mentioned, posted or otherwise stated, they will owe any "deposit" back to the applicant. However, if the applicat was advised to write a letter to get permission, you have to wait for the denial to pursue a refund of the "deposit".
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Old 10-24-2013, 11:05 AM
 
Location: North Idaho
32,565 posts, read 47,729,085 times
Reputation: 78078
Since your mother did not ask about pets, was her intention to sneak the pets in?

I've got dogs and that would be my very first question: Would my dogs be permitted? Because if they aren't, there is no use wasting my time with an application.

Renters know that pets aren't allowed in most cases, so your mother should have known to ask if they are OK.

Whether or not you get a refund depends upon what the receipt says. The landlord took the apartment off the market for you and he will still rent to you without the pets, so I would say "no" to the refund. The apartment is still available to you for the occupants that were declared at the time of the application.

However, ask management. They might give it back to you just to get rid of you.
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Old 10-24-2013, 12:03 PM
 
Location: Austin, TX
16,787 posts, read 48,952,327 times
Reputation: 9478
Quote:
Originally Posted by JCoPee View Post
The application doesn't mention pets. The person who she talked to which is the manager knows it isn't on the application. It isn't like my mom is saying i wasn't on there and they are saying it is. They BOTH know it isnt on there. I manager even told her that he told the owners they should put it on the application.
Then your mother has every right to demand the return of her deposit. She should put all of that in a letter and demand they refund the deposit.
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Old 10-24-2013, 12:13 PM
 
Location: San Francisco
2,279 posts, read 4,733,896 times
Reputation: 4026
Every place I've ever rented that allowed pets required separate paperwork - basically, an application for pet rent, basic information about the pet (breed, size, proof of vaccination), plus a pet deposit. Even if an apartment allowed pets in theory, if you snuck one in and didn't complete all of this additional paperwork and pay the additional fees, you could be evicted.

I'm not an expert, but I'd be surprised if your mom was able to get the deposit back. To me, that's like saying "I didn't realize the apartment didn't have a swimming pool, so I changed my mind."
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Old 11-13-2013, 09:37 PM
 
4 posts, read 6,135 times
Reputation: 10
bump, they aren't giving the deposit back. They said it was her fault and that she should have asked if they allowed pets. They have no notices and the application didn't mention it. The application also didn't say that pets were allowed. Basically they said one day "you dont have any pets do you" after she already paid the deposit and then they said they arent allowed. Now we're trying to get the money back. Can someone tell me whose job it is to bring up pets? Shouldn't the apartment place have said something about it before they took her money.
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