A bit more than 3 1/2 years ago, I moved into a new rental unit. While
I was being shown the place, the manager told me (I remember the
conversation clearly): "No dogs are allowed." I said fine, I don't own
a dog. He said, "It's a $300 deposit if you have a cat." I said that's
fine too, I'm allergic to cats. Then I said "I was thinking about
getting a ferret." (I'm trying to be honest and up front, you see.) He
thought a moment, then shrugged his shoulders and said "Well, there's
nothing in the paperwork about ferrets." I took this as approval.
When I signed the formal lease, it did have a "no pets without written
permission" clause, but since the manager had said "nothing in the
paperwork about ferrets", I (perhaps naively) figured it applied to
cats and dogs, as he said, and did not think ferrets counted under
their "pet" clause. After all, ferrets are generally classed as "small
animals", like canaries, gerbils and hamsters.
In any case, so I moved in, and Fred moved in with me. We have been
here for 3 1/2 years (almost the entirety of his life), and there have
been no problems, and not complaints. I have not been trying to hide
him; his cage is visible from my front door, I have frequently taken
him when I visited neighbors in the complex, and I routinely take him
for walks when the weather allows. (ALWAYS on harness and leash.) I
have NEVER had any complaints, about ANYTHING. Noise, animal, or
anything else.
About a year ago, however, the old managers (and co-owners) of the
apartment complex retired. Management (and perhaps ownership?) passed
to the sister, who had been the other owner, and who now was faced
with managing our apartments. And things changed almost immediately.
Suddenly, we no longer had a working swimming pool. Our communal area
(workout room and place for groups to gather) was locked off and turned
into a part-time office for the new owner, when she was here (she does
not live in town). There was no notice of this. We were given formal
notice 3-4 months AFTER it happened, with no offer of compensation.
Last summer one neighbor said it cost her $400 to take her kids to
other swimming pools, when she was already paying for this one, but
couldn't use it.
Now, today, I got a 10-day "comply with lease or vacate" notice, over
having a ferret. The new management claims that THEY didn't know about
it, and it violates the lease. A groundsworker, who may have a drug
problem (just rumor but it would explain why she has been so incredibly
nasty lately, for no apparent reason) apparently "ratted" on me because
I was going out for a walk with Fred the other day, and stopped to chat
with her. (If I were trying to hide him, would I do that??? Fact is,
she had seen me with him before, a long time ago.)
If you read literally, and had not been party to what was said earlier,
it might actually seem to be a reasonable conclusion that this is a
lease violation. They said they spoke to the old manager, but didn't
tell me what he said. But again: it was my understanding that I had
permission, and nobody has said anything for 3 1/2 years. I consider
this to be "cruel and unusual". Cruel, at least.
If ANYBODY has any idea how to defend against this kind of action in
WASHINGTON STATE (sorry, California and other state laws do not apply),
I would appreciate any help you could point me to. It would seem on
the face of it that they have technicality on their side, but I have
reality (if unprovable), witnesses, and 3 1/2 years of precedent on
mine.
Lonny Eachus
[Posted in FML 7463]
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