If my apartment complex istrying to stick me with a pet deposit after 6 years, can they do this?

I have a tenant-landlord issue. I have lived in my apartments for 6 years now. When I first moved here there were different owners. When I signed my lease they new I had a cat but waived the fee and didn’t write it down. However, there has never been a problem and there was never an issue. As of 2 years ago we got new ownership. They new ownership that we have a cat and no deposit down but they never asked for one. As of this week my water heater sprung a leak over night. It soaked my children bedroom and ownerhad to call in cleaning people to get the water up.

Asked on December 2, 2011 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you are required to pay a pet deposit for the rental that you have been occupying for the past 6 years depends upon whether or not the written agreement states that you have one. As such, you need to carefully read your written lease agreement on the subject in that it controls the obligations owed by you to the landlord and vice versa in the absence of conflicting state law.

If the lease is silent on a pet deposit, you have no obligation to pay one presently. If the lease required one to be paid and you never paid it, you can make an argument that the landlord waived the requirement by his or her own actions over the years by never requiring one.


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.