contract-law landlord tenant pets kansas
Kansas - Can an apartment charge me a pet deposit/fee despite specifying in the lease that no deposit or fee would be necessary?
<p>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.</p>
<p>However, suppose that T received a letter stating that T was in &quot;violation&quot; 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.</p>
<p>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?</p>

<p>According to <a href="https://www.kansaslegalservices.org/node/1934/tenant-issues-and-rights-kansas-renters" rel="nofollow noreferrer">Kansas renter rights</a>, 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 <a href="https://www.tenantlawgroupsf.com/services/recovering-money/" rel="nofollow noreferrer">recover those charges</a>.  If your landlord refuses to reimburse you or continues to insist that you pay a vet fee, you may want to consider getting a <a href="https://lawyers.justia.com/lawyer/michael-e-whitsitt-1497729" rel="nofollow noreferrer">tenant lawyer</a>.</p>

<blockquote>
<p>Can an apartment charge me a pet deposit/fee despite specifying in the lease that no deposit or fee would be necessary?</p>
</blockquote>
<p>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.</p>
<p>The lease is not even voidable by the landlord under the <a href="http://www.oneclubofjusticides.com/p/restatement-second-contracts.html" rel="nofollow noreferrer">Restatement (Second) of Contracts</a> at §§ 151-153. The landlord's employee knew beforehand that you were bringing a pet. In line with <em>Restatement §154(a)</em>, the landlord bore the risk of mistake &quot;<em>by agreement of the parties</em>&quot;. By contrast, if imposing amounts to violating a <em>basic assumption</em> 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.</p>
<p>Note that your description is contradictory, though. The premise &quot;<em>I signed a one year lease for an apartment that allows pets under the condition that a deposit/fee would be charged</em>&quot; seems at odds with &quot;<em>the lease we signed clearly states they wouldn't charge me anything</em>&quot;. 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.</p>
