assesed fine

A

AceHole

Guest
Jurisdiction
North Carolina
Background: I got a dog in September 2015. The lease states that I am allowed a dog on the premises if the pet deposit is paid and the pet addendum is signed. I have done those things.

Issue: Landlord stated that they need the dogs vet records and to get them in whenever I can. The requirement for vet records is not anywhere in the lease nor is it in the pet addendum. The landlord has acknowledged this. Thy have asked me (in passing) verbally to bring the vet records up to the office. It would always slip my mind and I would forget. Fast forward to January 2015. The office manager stops me as I'm getting on the elevator and says "hey we're gonna need those vet records or i'm going to have to start assessing fines". He seemed intoxicated and I had been drinking. They threw a winter party for the residents in the basement. This month, I go turn in the vet records and he lets me know that I owe him 250 for them not having them on file.

This is their explanation: "1) We are enabled to enforce fines, and policies in order to maintain our community standards and 2) Animals deemed undesirable "at our sole discretion" may be subject for removal. In this case, animals who have not fulfilled the application process and shown proper vet records are undesirable as they pose a liability since we can not show they've been treated for things that could pose a threat to animals and people around them"


My question is: Can they legally assess this fine for a "violation" that is not in the lease agreement or any addendum? According to the lease and the addendum, I have fulfilled the application process.

It is the standard NC residential lease agreement

Thanks in advance for your feedback
 
The landlord and you, the tenant have apparently reached an impasse.
That isn't unique.
You can pay the fine, or ignore it.
The landlord might let it slide, or move to evict you.

Bottom line, only the hypothetical judge presiding over the hypothetical eviction proceeding can make the legal determination you're inquiring about.

People get themselves in binds by being recalcitrant, obstinate, and stubborn as old mule.

If I were you, I'd attempt to resolve the impasse, not encourage the other person to litigate the issue.

Yes, the $250 the manager demanded from you might not be in accordance with your lease. Will a court determine his request to not have been in accordance with your lease?

Is he requesting proof of vaccination because the state, county, or city requires it?

The apartment might be required to have the documentation proving your animal has been vaccinated which just might be required by local ordinance or state law.

I suggest you simply ask the manager why?
 
You "might" win if it went to court but there is no way for us to know what any individual judge might decide. However, it "might" work more to your advantage to pay the fine & keep on good terms with the LL & off. mgr.
 
You "might" win if it went to court but there is no way for us to know what any individual judge might decide. However, it "might" work more to your advantage to pay the fine & keep on good terms with the LL & off. mgr.

I'm not really worried about being on good terms with them. My lease is up in May and I've already found a potential new place.
 
The landlord and you, the tenant have apparently reached an impasse.
That isn't unique.
You can pay the fine, or ignore it.
The landlord might let it slide, or move to evict you.

Bottom line, only the hypothetical judge presiding over the hypothetical eviction proceeding can make the legal determination you're inquiring about.

People get themselves in binds by being recalcitrant, obstinate, and stubborn as old mule.

If I were you, I'd attempt to resolve the impasse, not encourage the other person to litigate the issue.

Yes, the $250 the manager demanded from you might not be in accordance with your lease. Will a court determine his request to not have been in accordance with your lease?

Is he requesting proof of vaccination because the state, county, or city requires it?

The apartment might be required to have the documentation proving your animal has been vaccinated which just might be required by local ordinance or state law.

I suggest you simply ask the manager why?

The county only requires a rabies shot and I have the little metal pendant around his collar with that info on it.

I've already had a meeting with the management of the complex and the regional manager (who was formally the apt manager). They had no plans of coming to a resolution. They basically told me that the language in the lease agreement allows them extreme flexibility to charge fees for whatever they want.
 
If you don't pay the fine & they decide to take you to court (they might not), then it will be up to the judge to decide if you owe it or not.
 
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