If our original lease states “One time nonrefundable pet fee” and we are up to renew our lease for another year, can our landlord charge us again for the fee?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If our original lease states “One time nonrefundable pet fee” and we are up to renew our lease for another year, can our landlord charge us again for the fee?

Asked on July 2, 2015 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If this is a lease renewal--i.e. the same lease is still in effect, with just the start and end dates updated--then no:since it's the same lease, the landlord is bound by the representation that the fee was one-time. But landlords are allowed to change lease terms and put out new leases after an old one expires, rather than to renew the lease as is: if this came to litigation and a judge believed that this was a new lease, with new terms, he might allow a new fee. There is not, unfortunately, a single right or wrong answer: it will depend on what exactly you were sent, how the "renewal" was described or positioned, and whether the landlord could convincingly (if the language of whatever you were sent supports it) argue that this a new lease, with new terms.

The above said, I suspect that if the document again called it a "one time fee" that a judge would, even if the landlord called this a new lease, find that you've already paid your "one time fee." But if the document used different langauge and dropped the phrase "one time" to simply call it a "pet fee," a judge very well might conclude that the landlord has changed its policy--which it is allowed to do--and is now charging an annual fee, which they may.


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 lock Secured with SHA-256 Encryption