Can my landlord increase my rent for a pet?

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Can my landlord increase my rent for a pet?

I had 2 dogs on the lease and they only charged me for one. It was their error. They never stated it was $30 per dog. They charged me one pet rent. I have been paying the $1189 stated on my lease for 9 months and now they want to increase it $30 because they caught their error. My lease doesn’t expire for another 3 months. Don’t they have to wait until the end of my lease and then increase if I re-sign?

Asked on September 24, 2010 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You are correct in that a landlord cannot simply change lease terms, increase costs, etc. during the term of a written lease; during the lease's term, it's provisions control. Sometimes, it's less obvious or indisputable exactly what those terms are; it may be that the landlord legitimately believes that the lease had $30 per dog fee. That's not to say the landlord is right, or would be justified after ligitation, but it's easy to see that the landlord could have thought it other than you, unless the lease is very clear. This is a case where, unless you feel the lease language is utterly unambiguous and are willing to stand on it--and also willing to potentially have a dispute with your landlord, possibly litigation, etc.--it may be better to either pay the fee or work out some reasonable compromise ($15?) based on simply discussing with the landlord your belief as to what the lease meant and looking for middle ground.


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