AgentRentals

Apartment management doesn’t play by own rules

Should tenant break lease if requirements aren't met?

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Question: There are numerous large (60 pounds plus) dogs in the apartment complex where I live. However, the complex has a 35-pound pet limit, which it advertises on its Web site and is included as a legal rule on the lease, which all tenants sign. Many of the dogs are extremely loud and are allowed to roam free on the grounds, which can be intimidating. When I signed my lease, I did so believing that the 35-pound limit was enforced. Had I known the complex was overrun with large, noisy and aggressive dogs, I would not have moved here. Management now says, however, that the limit is not a 'hard and fast' rule. Can I break my lease based upon the fact that management refuses to enforce its own rules? Tenant's attorney Kellman replies: If all of the requirements of a lease are met and the document is signed, it will be a valid and binding contract. The lease usually dictates the rights and responsibilities of the parties. Since the landlord drafts most residential leases, the lease will ...