Legal Question in Real Estate Law in Pennsylvania

A friend signed a lease allowing a "medium sized dog" and moved in with a pit bull. Now the landlord is saying the dog is not allowed. What are the rights of the tenant and the landlord in this situation? Can the signed lease be changed?


Asked on 8/07/09, 8:54 am

1 Answer from Attorneys

FORGET signing a new lease. The issue is, is how do you interpret the current lease. A LL is responsible for his written lease. Generally at law, ambiguous terms are held against the drafter of the writing (lease), and if the interpretation of the other party (your friend) is reasonable, it should be permitted. The LL should defined what a medium sized dog is, such as a dog under 45#, and I have seen leases prohibiting certain breeds of dogs, such as Dobermans and Pit Bulls. So, if the LL pushes the issue, the LL has a problem, BUT... Your problem here is, would a judge find your dog is a "medium sized dog"? Is your dog a small pit bull or a larger one? I've seen pit bulls I do not consider large, but I'm a dog person. So, you have a problem, because you have a dispute. How long has the lease been in place? Did the LL see the dog before, but not say anything? Are other tenants complaining? Both parties have a problem here. If there are no complaints from other tenants, and the dog is not causing damages, there is a chance they can keep the dog and work things out. Otherwise they will have a fight on their hands, and a judge will determine if the dog a medium sized or not. Good luck.

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Answered on 8/13/09, 12:18 pm


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