Hampton, VA asked in Landlord - Tenant for Virginia

Q: Can my leasing manager charge a pet fee and rent after I've signed my lease even though my pet was listed on the app

I listed my dog on my application with his breed and weight. He was even there for the walk through and apartment tour. I got a soft copy of my lease via email and there was no mention of pet deposit or rent listed. A month later, I sign my lease in the leasing office, pay the prorated rent and security deposit, and move in. Several days after I've already moved in they say that they forgot to tell me about the pet deposit and additional pet rent and then try to force me to sign a pet addendum. Can they charge me for my pet after I've already signed the lease? Please note the pet addendum box is not checked off on the lease nor did I sign a pet addendum. At no point during the application process, signing of the lease or at move in was there any mention of a pet deposit or rent. They have stated several times (including in writing) that not mentioning the pet deposit/rent was "an error" on their part.

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2 Lawyer Answers
John Andrew Maghamez
John Andrew Maghamez
Answered
  • Richmond, VA
  • Licensed in Virginia

A: If it is in fact nowhere on the lease and they never told you of it they cannot charge you for it. You may want to have a lawyer write a quick letter on legal letterhead to scare them if they don't back down

F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: In all likelihood, there was a mutual mistake of fact. Generally, the resolution of such a mistake is to reform the contract. In most matters such as yours, the parties reach an agreement, rather than force the matter to a lawsuit..

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