Can a new landlord not allow my dog if I had an oral agreement with my previous landlord?
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Can a new landlord not allow my dog if I had an oral agreement with my previous landlord?
I moved into house 1 month ago that was considered off campus and just recently it was sold to a University which does not allow pets on campus. The University said they would honor the lease agreement that we signed with the previous landlord, but in that contract there is a clause that states, “No Animals are allowed inside or outside the rental property listed above unless listed below in the notes.” We were told not to initial by that and did not initial by that clause. However the previous landlord forgot to list it in the notes below, but we did have a verbal agreement.
Asked on July 5, 2011 under Real Estate Law, Arkansas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Oh boy. Here is the problem. A lease is a contract and generally speaking under the laws in various states, contracts can not be altered orally (by verbal agreement). They can only be altered in writing. It is called the parol evidence rule. So if the lease states no animals and there is nothing listed in the note section then you may be out of luck. Eben if the old landlord comes forth and explains that there was an error in the prior lease and that a portion was missing it really depends on your local laws if the courts will rule in your favor. If, however, the reason you leased the apartment was because it allowed pets and you can show that you did not initial the clause regarding the pets then maybe you might be able to void the lease and look for something else. Get help. Good luck.
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