QUESTION
Can a landlord break a verbal agreement?
Asked on Dec 28th, 2011 on Landlord and Tenant Law - Oregon
More details to this question:
There was a verbal agreement between my landlord and I that dogs are allowed in our building. However my landlord now says no dogs are allowed after we have signed the lease for our 2nd term. We were planning on getting a dog but now seem torn because we signed this lease with full intentions of getting a dog this month. On the lease there is nothing mentioning a dog being forbidden can the landlord do this? note that there are several dogs in my apartment building including 2 Boston terriers across the hall and a Labrador down the hall. (note the 2 Boston Terriers moved in a month after or around the same month I signed my 2nd term lease).
5 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It sounds to me like you can have a dog. The lease rules. If it's silent, then I think a dog would be ok.
Answered on Jan 05th, 2012 at 4:21 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Verbal agreement to a lease are unenforceable. However, your rights under the lease are governed by the terms of the lease. If the lease does not forbid pets and if the lessor (landlord) allows other lessees (tenants) to have pets, you probably have a very strong argument to support your having of a pet. But, don't be surprised that the the lessor may try to evict you and if unsuccessful may insist on any new lease barring pets in the future. Try to work out a deal with the landlord including by paying extra for a lifetime possession of a pet and getting the exclusive option to renew any future leases to always include pet possession.
Answered on Jan 05th, 2012 at 12:04 AM
You may have a pet unless: (1) the lease forbids it or (2) some other rule or law prohibits it. If the landlord orally told you that you can have a pet and the lease does not prohibit pets, then you can have a pet. On the other hand, and taking an extreme example, if you get a horse and the property you rent is not zoned to allow for horses, then you are violating the law and cannot have a horse and that is true whether or not your rental agreement allows or prohibits a horse.
Answered on Jan 04th, 2012 at 5:09 PM
You should have your lease reviewed by a real estate attorney familiar with landlord tenant issues to determine what the dog policy is.
Answered on Jan 04th, 2012 at 4:27 PM
Kevin Elliott Parks
This is a tricky one, as if you want to have pets in a rental, you always want to have the rental agreement or other writing state that that's okay. If push comes to shove, proving a verbal contract is not a quick, easy, or cheap process, so if the landlord is sticking to his guns and refusing to allow the pet, you're likely in for a headache, at the least. That said, if the landlord said it was okay to have a dog, made a verbal agreement that pets are okay and that's why you signed the lease (which didn't say that pets were not allowed), then you have a right to have the dog. Especially if the same landlord owns other units in the building and allows those tenants to have pets, he'd have a hard time proving that you're not allowed to. However, the landlord could respond in a couple of different ways if you end up getting a dog, likely either by trying to evict you for breaching the rental agreement, or later charging you for damage done by the pet (typically scratches, etc.) Neither of those is necessarily correct, but it is a headache that you may ultimately have to deal with.
Answered on Jan 03rd, 2012 at 6:15 PM