Legal Question in Real Estate Law in Florida

owner changes the rules

Although I have thoroughly checked my rental agreement, it does not state tenant rights, only owner rights. When I moved in they had a rule that dogs should be no more than 30 lbs., they now are accepting large dogs... some aggresive. My little dog is terrified when they bark at her. They did not post this change in rules, and I want to break my lease and move out. I don't like big dogs, who take big craps and are sometimes aggresive. Can I break my lease based on this "un-notified" change in their policy? I moved in because it was only small dogs accepted. Now, they rent to anybody, with anything.

Please help!


Asked on 12/30/99, 9:39 am

1 Answer from Attorneys
Randall Reder Randall O. Reder, P.A.

Re: owner changes the rules

You are right in that most lease agreements do

not give tenants any rights. For that reason, the

Florida legislature has passed several statutes

that grant tenants certain rights. Unfortunately,

there is no statute that prohibit landlords from

changing rules or making exceptions. In my opinion,

the fact the landlord is allowing other tenants to

have large dogs is not a material breach of the lease

agreement. You could possibly argue if the situation

is bad enough that it is a breach of the implied

covenant of quiet enjoyment, but that would be

a tough argument to convince a judge.

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Answered on 1/03/00, 7:26 pm


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