What to do if I signed a lease with a verbal agreement that I could have a fish tankbut ow the apartment says that I can’t?

I went ahead and got the tank and all supplies needed. After I bought the supplies I notified the apartment that I was filling the tank. They then told me that I could not have the tank. Meanwhile all the supplies I have cannot be returned and I have a giant eye sore in my living room. Is there anything I can do at this point?

Asked on July 3, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless the lease either specifically states that you can't have a fish tank, or otherwise gives the landlord some express right to determine what you have in your apartment, you can have the fish tank. A lease is a contract: both the landlord and the tenant have those rights and power--and only those rights and power--which are granted them by the lease. So if the lease doesn't prohibit a fish tank or otherwise give your landlord some veto power over it, you may have one.

If the lease does state that you cannot have a tank or allow the landlord to veto any fixture or furniture, etc. then, however, the landlord can prevent you having one. Having signed a written lease to that effect, any verbal agreement to the contrary would be irrelevant and unenforceable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.