Can my landlord make me get rid of my pet if it is over the allowable weight limit but thy already took my pet deposit fee?

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Can my landlord make me get rid of my pet if it is over the allowable weight limit but thy already took my pet deposit fee?

Pet limit of 20 lbs; mine is 40 lbs. I informed them that it would get that big; they said no problem as long as its not aggressive. They took my money. They then told me to get rid of it. Is that legal since they knew the breed beforehand and put the animal on the lease?

Asked on March 28, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The parties to a contract--which is what a lease is, after all--can modify the agreement by mutual consent, or similarly waive any particular provision by mutual consent. If the landlord agreed to allow you to have a pet that exceeds the weight limit, that agreement is enforceable as a legal matter. As a practical matter, however, if the weight restriction is in writing (e.g. in the lease), but the agreement to waive or ignore that limit was oral and the landlord does not "remember" it the way you did, it could be difficult to prove that the landlord did agree to this. If the landord brings a legal action to evict you for breach of the lease for  keeping an over-limit pet, you should bear in mind that if you don't have the landlord's agreement in writing, you will be a signficant disadvantage in defending your actions and avoiding eviction.


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