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Old 12-24-2013, 10:45 PM
 
2,845 posts, read 6,013,029 times
Reputation: 3749

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I wouldn't pay, call your local landlord/tenant agency and let them know the situation and what recourse you have against this. Most likely they will tell him he can't do any of that and that if the carpet is indeed 20+ years old he must replace it.

BTW if you go this route be prepared for him to not renew your lease next year.
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Old 12-24-2013, 11:05 PM
 
Location: NJ
17,573 posts, read 46,141,127 times
Reputation: 16274
1. A LL can't impose fees in the middle of a lease not already in the lease. You have no worries there.
2. Why on earth have you lived there for 21 years?
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Old 12-25-2013, 11:30 AM
 
Location: North Idaho
32,643 posts, read 48,028,221 times
Reputation: 78411
Quote:
Originally Posted by theclawmin View Post
So.........The manager RECENTLY gave papers to the renters about a 500 dollar pet fee and extra carpet fees ..........has not replaced our carpet in 20+ YEARS, when it states that he has to replace it every 5 years,
Does your lease say you can have a pet? Have you already paid a pet fee? If your lease does not say you can have a pet, then your landlord has decided to allow you to keep the pet that you have (without his written permission) if you pay a pet fee. Yes, if your lease does not give you permission to have a pet, the landlord can charge a pet fee, whether it is in the lease or not. You are changing the terms of the lease by adding the pet. You can pay it or get rid of the pet.

Where does "It" state that the landlord has to replace the carpet every 5 years? Not in any state that I know of and a property owner would have to be insane to write a lease that made him replace carpet every 5 years whether or not it was needed.

What is the carpet fee, anyway? A carpet cleaning fee?
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Old 12-25-2013, 03:39 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,065,107 times
Reputation: 10356
Quote:
Originally Posted by oregonwoodsmoke View Post
Does your lease say you can have a pet? Have you already paid a pet fee? If your lease does not say you can have a pet, then your landlord has decided to allow you to keep the pet that you have (without his written permission) if you pay a pet fee. Yes, if your lease does not give you permission to have a pet, the landlord can charge a pet fee, whether it is in the lease or not. You are changing the terms of the lease by adding the pet. You can pay it or get rid of the pet.
This post is incorrect. If the lease is silent on an issue, the tenant is technically free to have pets, without any charges. As lease agreements are (generally) contracts of adhesion, any ambiguities are resolved in favor of the tenant and not the landlord.

Even if the lease does contain these provisions, there is an argument to be made that the OP was grandfathered in or subject to implied consent, but we'd need a lot more information before we could get into that.
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Old 12-25-2013, 07:15 PM
 
Location: Silicon Valley
18,813 posts, read 32,500,469 times
Reputation: 38575
Quote:
Originally Posted by Bosco55David View Post
This post is incorrect. If the lease is silent on an issue, the tenant is technically free to have pets, without any charges. As lease agreements are (generally) contracts of adhesion, any ambiguities are resolved in favor of the tenant and not the landlord.

Even if the lease does contain these provisions, there is an argument to be made that the OP was grandfathered in or subject to implied consent, but we'd need a lot more information before we could get into that.
What we have heah is a failure to communicate..........IMHO.

I think OregonWS, as well as myself, are assuming that the lease has a section regarding pets and it was filled out saying there weren't any. I can't imagine a lease not addressing pets, but I guess that's a possibility.

The agreement I used said, no pets allowed. Period. Most leases will have a section either saying no pets allowed at all, or pets of certain breed/size, etc., allowed with permission and additional deposit, etc., and/or says it will be addressed in an addendum.

If that's the case, and the OP got a pet that's not addressed/allowed per the lease, then the LL can negotiate a pet deposit. Other option is a 3 day notice to comply or quit, in my thinking.

Funny you mention contracts of adhesion. When I was studying contracts, and trying to memorize everything, I pictured someone with a sticky note "adhered" to their forehead saying "take it or leave it." Worked so well, I still remember it :-)

Anyway, depending on the lease, you're both potentially right. As you say, we need more info.
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