Landlord Conundrum (any input?) (apartment, rental, credit)

[EPLan]

Hi! I just signed a lease for an apartment. Prior to signing I told the landlord that I several small dogs and the landlord said no problem. After signing the lease, on reviewing the tenant associatiation rules, I found out that only 1 dog is permitted; however, it seemed the property manager doesn't really care. That said, I'm not comfortable that we're violating the lease that says we must abide by terms of the tenant association as well!

Today, something else strange happened: The landlord said we could move in a bit early, but then said the previous tenant was "making problems" and wouldn't move out until the first... I asked them if she'd move out a few days early if we would pay for her hotel (really need to be in town and moved in!) He said, "Actually, she promised to be out by the beginning of May, then she extended it to Memorial Day. I don't want to argue with her, because technically speaking she has a right to stay until July 1st. (What???)

When I met the landlord he seemed like a good guy -- but I also found it strange that he didn't want to give us his bank account number and home address to wire money (I know some people don't like doing this so it didn't set off a red flag.) I also am under the impression that he is a bit disorganized, but there's a find line between a well meaning geek and a crook, I guess.

So here's the question:
Do I have a right to cancel the contract on grounds that an apartment cannot have two legal tenants at once?
The landlord claims I never said three dogs (he says she says), so to protect myself I texted the landlord and notified the property management association -- and basically said I'm wiling to go ahead with the deal as long as it is clear that all parties are aware and ok of the dogs... But if something goes south prior to moving in, is this an argument towards canceling the lease and asking for my money back? --It is clear that he now knows I have dogs and was willing to go ahead with me moving in -- but I feel uncomfortable about being in violation of the lease on day one. (I purposely told the truth to many property managers and got turned down on grounds that it is better to get turned down now, than thrown out later, so I am not happy that I wasn't notified that the building only allowed one dog from the get go.)

My basic thinking is: Getting an apartment with no job and more than one dog is tough. (I just moved to the area, am job hunting, and have a HUGE amount of credit, and can finance my housing without any problems... still, I can't prove income so it is hard to get past some rental agencies...) so I'd like to go ahead with the deal... but if I am not able to move in on June 1, I think the contract needs to be cancelled and I should get a full refund, plus damages if there is a breach of contract. Any thoughts?

[sj08054]

Go by what's is in your signed lease. If lease states that you can move in June 2, that is what it is. Verbal agreement means nothing. If your lease states 1 dog, that is what it is. Continue to have documented communication with property manger to make sure that you are able to move in on agreed lease date. If there is a hint that it would be a problem because of current tenant issues, look for alternatives and make sure landlord understand that they may not meet their end of a contract and that there will be consequences.

[1ondoner]

Why do you need the landlords home address? Does it matter what address you mail your check? I'd echo what has been said, go with what the lease says. Anything verbal or text message are secondary to the lease.

You shouldn't be the one paying for hotel, this is the landlords problem. Rather than try to break the lease because of the dog problem, you're better off breaking the lease if you can't move in the date specified on the lease.

Once you move in, you have leverage in breaking the lease because you have 3 dogs. The housing association can't kick you out to the streets, they give you a reasonable period to find an alternative accommodation. I think you played your cards too early and you'll end in a tussle with the landlord should he refuse to refund your deposit.

Originally Posted by EPLan

Hi! I just signed a lease for an apartment. Prior to signing I told the landlord that I several small dogs and the landlord said no problem. After signing the lease, on reviewing the tenant associatiation rules, I found out that only 1 dog is permitted; however, it seemed the property manager doesn't really care. That said, I'm not comfortable that we're violating the lease that says we must abide by terms of the tenant association as well!

Today, something else strange happened: The landlord said we could move in a bit early, but then said the previous tenant was "making problems" and wouldn't move out until the first... I asked them if she'd move out a few days early if we would pay for her hotel (really need to be in town and moved in!) He said, "Actually, she promised to be out by the beginning of May, then she extended it to Memorial Day. I don't want to argue with her, because technically speaking she has a right to stay until July 1st. (What???)

When I met the landlord he seemed like a good guy -- but I also found it strange that he didn't want to give us his bank account number and home address to wire money (I know some people don't like doing this so it didn't set off a red flag.) I also am under the impression that he is a bit disorganized, but there's a find line between a well meaning geek and a crook, I guess.

So here's the question:
Do I have a right to cancel the contract on grounds that an apartment cannot have two legal tenants at once?
The landlord claims I never said three dogs (he says she says), so to protect myself I texted the landlord and notified the property management association -- and basically said I'm wiling to go ahead with the deal as long as it is clear that all parties are aware and ok of the dogs... But if something goes south prior to moving in, is this an argument towards canceling the lease and asking for my money back? --It is clear that he now knows I have dogs and was willing to go ahead with me moving in -- but I feel uncomfortable about being in violation of the lease on day one. (I purposely told the truth to many property managers and got turned down on grounds that it is better to get turned down now, than thrown out later, so I am not happy that I wasn't notified that the building only allowed one dog from the get go.)

My basic thinking is: Getting an apartment with no job and more than one dog is tough. (I just moved to the area, am job hunting, and have a HUGE amount of credit, and can finance my housing without any problems... still, I can't prove income so it is hard to get past some rental agencies...) so I'd like to go ahead with the deal... but if I am not able to move in on June 1, I think the contract needs to be cancelled and I should get a full refund, plus damages if there is a breach of contract. Any thoughts?

[chessimprov]

I know a reputable person for taking care of dogs if you want a contact. I think he is visiting family in NM for about 3 weeks is the only thing. PM me if you want me to try to get you that contact, EPLan.