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this is in Kansas. Suppose that a tenant T signed a one year lease for an apartment that allows pets under the condition that a deposit/fee would be charged, but the person who put together the lease made a mistake and neglected to include the deposit or the fee despite knowing I would be bringing a pet. The lease was signed by T and the apartment manager, and T, accordingly, hasn't been charged for about 6 months.

However, suppose that T received a letter stating that T was in "violation" of the lease because T had not been paying the fee. Apparently someone in the office realized the mistake and is trying to make amends. But it seems that T would not be in violation of anything in the lease as they're aware that T has had a pet and it clearly states T neither owes a deposit nor a monthly fee.

It is their company's policy to charge a pet deposit/fee, but the lease T and the manager signed clearly states they wouldn't charge T anything. Suppose that it was clearly a mistake on the manager's part, but a lease is a lease. Is T obligated to pay a deposit and this monthly fee, or do the terms of the lease as written override their policy, especially given how much time has already passed?

Michael
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Davies
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2 Answers2

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According to Kansas renter rights, your landlord cannot charge you for a pet deposit if it wasn't specified in your lease. If by chance, you have already paid your landlord money for your pet, you may be able to recover those charges. If your landlord refuses to reimburse you or continues to insist that you pay a vet fee, you may want to consider getting a tenant lawyer.

curiouspenguin
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Can an apartment charge me a pet deposit/fee despite specifying in the lease that no deposit or fee would be necessary?

No. The terms of a signed lease supersede company's policy that is stated elsewhere. The matter would require a more detailed review if the lease incorporates by reference that specific policy.

The lease is not even voidable by the landlord under the Restatement (Second) of Contracts at §§ 151-153. The landlord's employee knew beforehand that you were bringing a pet. In line with Restatement §154(a), the landlord bore the risk of mistake "by agreement of the parties". By contrast, if imposing amounts to violating a basic assumption that prompted you to enter the lease, the lease might be voidable by you. Although the dispute is about the pet fee and not the lease as a whole, it is obvious that a tenant will not do part with his pet merely because of the landlord's mistake in the lease. In other words, lease and pet might reasonably go hand in hand.

Note that your description is contradictory, though. The premise "I signed a one year lease for an apartment that allows pets under the condition that a deposit/fee would be charged" seems at odds with "the lease we signed clearly states they wouldn't charge me anything". One can infer that your lease was an exception --even if a mistaken one--, but make sure you are unequivocal when phrasing your argument to the landlord or in Small Claims court.

Iñaki Viggers
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