If i rented out my unit to a tenant that has a cat because I was unaware of a no pet rule in my condo complex, can the tenant sue me?

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If i rented out my unit to a tenant that has a cat because I was unaware of a no pet rule in my condo complex, can the tenant sue me?

My condo has a no pet rule i was unaware of. I rented out my unit to a cat owner. Now the condo board wishes to enforce the no pet rule. I have a lease with the tenant specifically allowing pets. Are there any other remedies for my situation?

Asked on September 3, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you rented out your unit that you own to your tenant where you allowed pets (cat) and your association has a rule prohibiting pets that you were not aware of, you need to immediately advise your tenant of the mistake you made and see what can be done about it between you and the tenant.

Potentially your tenant can have a friend house his or her cat for the duration of the lease, or you can allow the tenant to end the lease with no recourse for its balance due to your mistake.

Another option is to see if the association will allow an exception to the rule forbidding pets for the duration of your lease with your tenant.

The key is to be upfront with your tenant about your mistake and make great efforts to try and resolve the problem.

Good luck.


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