Dispute with landlord regarding responsability of Attorneys' fees

Status
Not open for further replies.

camq23

New Member
I have lived at this apartment for about one year and prior to moving into the unit the landlord assured me that the building allowed pets. I do not have written lease with him but we had a verbal agreement allowing me to have the dog. I did signed a document with the association stating that unapproved pets would not be living in the unit; however, I made it clear to the association from day one that I had permission from the landlord to have my dog and they were ok as long as the dog was not a barker.

Several months later the association sent a letter requesting the removal of the pet because he was barking too much and I immediately contacted the landlord regarding the issue but he assured me that I didn't need to remove the dog. Based on the advice from the landlord I remained in the unit living with my dog as they had assured me there was no problem. Several weeks ago the landlords called me and told me that they had received a noticed from the Association's attorneys and an arbitrator requesting the dog to be removed within 20 days or we would have to go to court. At first I was upset that they were making me remove my dog since the landlord had assured me several times that it was ok to have pets but I complied nonetheless with the request and sent the dog to my parents' house.

Now the association has filed a motion for award of attorneys' fees and the landlord is saying that I am responsible for those fees. It seems a bit unfair given that I would have never moved to this building had it not been for the reassurance from the landlords that the building allowed pets, and even after the associations' noticed of removal I only stayed in the unit because the landlord advised me that it was ok to stay.

So at the end who really is responsible for the attorneys' fees the landlord or me? And will the association or its attorneys' come after me for this?

I would really appreciate your legal feedback on this issue. Thanks.
 
You're solely responsible for the HOA attorney's fees.

Your landlord's assurances were meaningless.


He/she had no authority to allow you to gave a pet.

You should pay the attorney's fees or he/she will sue you.

You could sue your landlord and claim detrimental reliance, in that you relied on your landlord's representations.

That us a stretch, however, one that I doubt your ability to prevail.
 
Status
Not open for further replies.
Back
Top