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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption