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Old 04-17-2010, 02:46 PM
 
7 posts, read 18,561 times
Reputation: 18

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Hi. Please help with any advice. I have been living in miami at the south beach flamingo for 5+ years with yearly renewals. they recently, for completely un-defendable non-sensical reasons that defy any measure of knowing anything, added Huskys to the list of unacceptable 'aggressive' dogs which as anyone knows ...this breed is nowhere on anyone's list anywhere as anything but a very gentle agreeable breed that is awful at guard duty, etc, b/c of how they are.

This management has 'lost' the paperwork i DID fill out at my very last renewal in JAN and just gave me a 7 day notice to cure or vacate. I asked them what that meant and they said get rid of the dogs or move out.

WTF happened to the pet addendum paperwork i filled out w their agent in their office?

Is it my problem they lost, or worse, conveniently discarded that?

They say everyone knows i have had 1 or both dogs for years, seen them in passing every day, etc. To me that only attests to their guilt in this BS and that they have been happily taking my money for months since the last lease and many years up until now.

This reeks of BS and there must be something i can do.

For one i am going to go to my vet and provide documentation that these dogs are not Huskys.

What else can i do and what are MY RIGHTS?

I think it is absolutely ridiculous to come out of nowhere and put me through the expensive ordeal of moving, especially since i run my own business and cannot deal with this added burden in such a short time frame not to mention the financial impact to my business as i now may have to do nothing but apt hunt and move for a entire week.

HELP!!! thanks in advance.
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Old 04-17-2010, 03:08 PM
 
4,796 posts, read 22,859,642 times
Reputation: 5046
Quote:
they recently, for completely un-defendable non-sensical reasons that defy any measure of knowing anything, added Huskys to the list of unacceptable 'aggressive' dogs which as anyone knows ...this breed is nowhere on anyone's list anywhere as anything but a very gentle agreeable breed that is awful at guard duty, etc, b/c of how they are.
Don't bother with this argument. They've got heaps of scientific data and expert testimony on their side. You've got your own personal anecdotes and your emotional attachment. They win, hands down.

Quote:
Is it my problem they lost, or worse, conveniently discarded that?
Yes, it is your problem. You are responsible for maintaining your own records.

Quote:
They say everyone knows i have had 1 or both dogs for years, seen them in passing every day, etc. To me that only attests to their guilt in this BS and that they have been happily taking my money for months since the last lease and many years up until now.
Just because you've been getting away with breaking the rules up to now doesn't mean you are entitled to keep breaking the rules.

Quote:
For one i am going to go to my vet and provide documentation that these dogs are not Huskys.
Well which is it, are your dogs Huskies or not? You sound like you are an emotional mess and swinging wildly from one excuse to the next to try to avoid reality. If your dogs are even part Husky and the LL has this policy, you have no choice but to vacate or rehome.

Quote:
especially since i run my own business and cannot deal with this added burden in such a short time frame not to mention the financial impact to my business as i now may have to do nothing but apt hunt and move for a entire week.
Oh, well because you have a business to run, well that makes all the difference. Not.

Despite your swinging from one argument to the next, it sounds like you've been keeping dogs in your unit, knowing they were banned by management. And now you are pissed that you've been caught and have to face the consequences, which include removing the dogs within five days. Well, that's all on you. It could have been avoided if you'd followed the rules in the first place.

And finally, I love huskies. They are beautiful dogs (especially their eyes, they are so mesmerizing!) and I've never seen one be aggressive, not even remotely. But rules are rules. If you don't like them, do something to change them, but breaking the rules is not the way to make that happen.
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Old 04-17-2010, 04:32 PM
 
Location: Texas
475 posts, read 1,641,139 times
Reputation: 251
Quote:
Originally Posted by elon76 View Post

They say everyone knows i have had 1 or both dogs for years, seen them in passing every day, etc. To me that only attests to their guilt in this BS and that they have been happily taking my money for months since the last lease and many years up until now.

This reeks of BS and there must be something i can do.


What else can i do and what are MY RIGHTS?


HELP!!! thanks in advance.
If you want to stay there, hire a attorney, press for a jury trial.

If you can prove they knew you had the dogs (broken the lease agreement) for a long time and they didn't take action, (taken payments) it is an aguement in your favor that they accepted the new terms of the lease "that your dogs were ok".

You are going to have a tuff time ahead. It may be best to move.

Sometimes LL can be a real dick.
I forgot to add, they cannot change the terms of the orginal lease without your ok. if you are month to month the original lease is still valid.


Dick
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Old 04-17-2010, 06:03 PM
 
Location: West Virginia
13,914 posts, read 39,155,306 times
Reputation: 10244
I Would Make copies of the agreed leases that INC the dogs! & calmly give them in person to the manager. Also contact a lawyer..you may need one.
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Old 04-17-2010, 08:16 PM
 
48,505 posts, read 96,603,039 times
Reputation: 18304
I thnik that the last lease has runout and with it the terms .Now there are new terms if you waqnt to stay unless you find a law that has been violated.
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Old 04-17-2010, 11:40 PM
 
Location: West Virginia
13,914 posts, read 39,155,306 times
Reputation: 10244
She JUST sign the New lease in Jan... So I cant see How they Can Evict her as long as she can give proof They Were on the new lease! Still doenst hurt to ask the lawyers advice...most are free 1st time. IF You win this I would advise you towards end of your lease to find a new place to live. Also IF they are not on the newmlease & you Can prove they were on other leases....They Might be considered Grandfathermeaning the LL Cant evit you or have you get rid of the dogs. NOW IF there have been complaints thats another story! Again Contact a lawyer.
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Old 04-18-2010, 04:26 AM
 
Location: Florida
23,155 posts, read 26,091,505 times
Reputation: 27893
It could be at their insurance company has threatened to cancel (or a new one refusing to accept) them . And yes, Huskies are on 'the list' some companies use.
Dogs that could cause homeowners insurance rates to rise
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Old 04-18-2010, 07:01 AM
 
Location: 39 20' 59"N / 75 30' 53"W
16,077 posts, read 28,478,373 times
Reputation: 18189
You aren't responsible for their incompetence of office files. The pet addendum is part of the lease and required your signiture and a seperate deposit, it should always become part of your record keeping.

Your pet deposit receipt is your proof.
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Old 04-18-2010, 07:22 AM
 
Location: 39 20' 59"N / 75 30' 53"W
16,077 posts, read 28,478,373 times
Reputation: 18189
This is correct, and would come under grandfathering, the dog breed would be exempt for future tenants.

Quote:
Originally Posted by Katie1 View Post
She JUST sign the New lease in Jan... So I cant see How they Can Evict her as long as she can give proof They Were on the new lease! Still doenst hurt to ask the lawyers advice...most are free 1st time. IF You win this I would advise you towards end of your lease to find a new place to live. Also IF they are not on the newmlease & you Can prove they were on other leases....They Might be considered Grandfathermeaning the LL Cant evit you or have you get rid of the dogs. NOW IF there have been complaints thats another story! Again Contact a lawyer.
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Old 04-18-2010, 09:13 AM
 
Location: West Palm Beach, Florida
179 posts, read 563,944 times
Reputation: 167
Unfortunately, you should have a copy of anything you sign in your own records. This is always a good practice. It always gives you leverage, proof in writing, is always the best way to win any case. Now in my opinion, although you are stable there, have been there for 5 years, and are running your own business out of your residence. The fact of the matter is you should start looking for a place. Because fighting the management, may buy you time, (which, that is what I would fight for) but you would always feel uncomfortable, moving forward. And I know being an animal lover I could never live somewhere my animals were unwelcome
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