[NAGDU] to sign or not to sign that's the question

Mon Sep 2 15:08:34 UTC 2019

I would not sign it.   My thoughts on each item are started and ended with a 
*.

> Tenant agrees to the following terms and conditions:
>
> 1.   Tenant agrees to pay an additional non-refundable move in fee of
> SO.OO.This move in fee is subject to all terms and conditions of the move 
> in
> fee mentioned in the lease. It does not limit the Tenant's liability for
> property damage, cleaning, deodorization, de-fleaing, replacements, and/or
> personal injuries. All dogs and cats must be house-broken. Cats must be
> litter-box trained.
*Except for the fee part, this is okay.  However you don't need a special 
form, these responsibilities are outlined in other laws. *

> 2.   Tenant agrees not to leave his pet unattended for any unreasonable
> periods of time. Tenant further agrees to keep the pet on a leash not to
> exceed four feet in length and only in areas designated by Landlord. At no
> time will the pet be allowed to be left unattended while outside. Any pets
> found unattended will be presumed a stray and disposed of by the 
> appropriate
> agency as prescribed by law.
*Well, while I personally think 4 foot leashes are just fine, I think it's 
inappropriate for a landlord to dictate what equipment I can use.  > If you 
were feeling unwell and wanted to exercise your dog on a long leash for 
example.  Also, what exactly does unattended for an unreasonable amount of 
time mean?   Does this include you tethering the dog to a table while you 
use the pool, for example?  Is two hours in your apartment too long, or 2 
days?  It's very ambiguous. And the bit about how you can only have the pet 
in authorized areas, well, that's going to be a problem for sure.*

> 3.   Tenant agrees that if at any time the pet becomes annoying, 
> bothersome,
> or in any way a nuisance to Landlord or other tenants, Landlord reserves 
> the
> right to revoke permission to keep the pet. Should Landlord revoke
> permission, said pet shall be permanently removed from the premises within
> 48 hours after receipt of written notice.
*annoying?  What, exactly, does that mean?  Don't upset your neighbors or 
you've just set yourself up for retaliation exceptionally easily., and they 
don't even have to break the rules to make your life miserable.*

> 4.   Tenant agrees that Landlord will not be responsible for the injury,
> harm, or death of the animal, and agrees to hold Landlord's agent harmless
> and to indemnify for any damages suffered as a result of any harm 
> inflicted
> on the animal upon another tenant, guest, or employee.
*While I sincerely hope this never becomes an issue, you are waiving a lot 
of legal options here, if the worst would happen.  An example, you are 
crossing the parking lot with your dog and the landlord's lawn care service 
people back into you with their truck.  You have $10,000 in vet bills and no 
way, under this agreement, to seek damages.*
>
> >> 5.   Landlord and Landlord's agent shall not be liable for any damages 
> >> to
> person or property caused by the pet and Tenant hereby agrees to hold
> Landlord harmless from liability. Tenant shall be liable for the entire
> amount of all damages caused by the pet as well as the entire amount of 
> any
> injury to individuals or property. Tenant is hereby encouraged to obtain a
> Pet Liability Policy which can be added as a rider to most renter 
> insurance
> policies.
> *There is no problem with this provision, except that it isn't really 
> needed, because it is covered in other laws.*

> 6.   Tenant agrees to dispose of his pet's droppings PROPERLY and
> immediately. This applies to common areas as well as designated areas.
*Here's one we can all agree on!*>
> Pets must wear the appropriate Local Animal License, a valid Rabies Tag 
> and
> tag bearing the ow ner's name, address, and phone number. All licenses and
> tags must be current. Tenant certifies that his pet has a current rabies
> vaccination.
> *Well, mostly this is okay.  However, the part about your name and info on 
> a tag isn't required by law.  If this were the only item I had issue with, 
> I'd likely just get the tag and go on about my day, choose your battles 
> and all, but this whole document has serious issues.*
>
>
> 8. Monthly pet fee is S0.00
>
> I ACCEPT FINANCIAL RESPONSIBILITY FOR THE ENTIRE AMOUNT OF ANY DAMAGES OR
> INJURY TO PERSONS OR PROPERTY WHICH MAY OCCUR BECAUSE OF MY PET. I
> UNDERSTAND THAT VIOLATIONS OF ANY OF THESE RULES MAY BE GROUNDS FOR 
> REMOVAL
> OF MY PET AND/OR TERMINATION OF MY TENANCY.
*If the fee is 0, that's good, but I wouldn't want all these rules looming 
over my head, especially since some of them would create significant 
problems for me, like annoying the neighbors and only being permitted to go 
in specific areas.*

I hope you can get it sorted out.  Perhaps if you wrote your own document, 
outlining what you are responsible for they would be satisfied?  My hunch is 
that the new management likes paperwork and they want something to put in 
their file drawer.

Julie
On The Go with Guide-and-Service-Dogs.com
http://www.guide-and-service-dogs.com
also find my products in the Blind Mice Mega Mall
<https://www.blindmicemegamall.com/bmm/shop/Directory_Departments?storeid=1916046>
-----Original Message----- 
From: Danielle Sykora via NAGDU
Sent: Monday, September 02, 2019 9:24 AM
To: NAGDU Mailing List,the National Association of Guide Dog Users
Cc: Danielle Sykora
Subject: Re: [NAGDU] to sign or not to sign that's the question

I definitely would not sign this form. Your dog is not a pet. I find it 
particularly troubling that signing this document forces you to agree to a 
pet fee.
You simply should explain to the landlord that your dog is a service dog. In 
your case, it should be pretty obvious and you should not need further 
documentation, though the landlord could reasonably ask you for proof of 
your disability if they really doubt you. This is really none of your 
neighbors business IMO.
Danielle

Sent from my iPhone

> On Sep 2, 2019, at 10:07 AM, Rebecca Ilniski via NAGDU <nagdu at nfbnet.org> 
> wrote:
>
> Good morning all and happy Labor Day.  Because I have a new guide dog and
> nosy neighbors my management would like me to sign the following scanned
> document.  I've lived in an apartment for a long time and don't remember
> ever having to sign a pet policy.  But my guide is not a pet.  I'm pasting
> it below for your perusal.  Would you sign it?
>
> PET AGREEMENT
>
>
>
>
> Rebecca Ilniski ;
>
>
>
>
> Dog
>
>
>
>
> Black Lab
>
>
>
>
> Marvin
>
>
>
>
>
>
>
>
>
>
>
>
>
> Tenant agrees to the following terms and conditions:
>
> 1.   Tenant agrees to pay an additional non-refundable move in fee of
> SO.OO.This move in fee is subject to all terms and conditions of the move 
> in
> fee mentioned in the lease. It does not limit the Tenant's liability for
> property damage, cleaning, deodorization, de-fleaing, replacements, and/or
> personal injuries. All dogs and cats must be house-broken. Cats must be
> litter-box trained.
>
> 2.   Tenant agrees not to leave his pet unattended for any unreasonable
> periods of time. Tenant further agrees to keep the pet on a leash not to
> exceed four feet in length and only in areas designated by Landlord. At no
> time will the pet be allowed to be left unattended while outside. Any pets
> found unattended will be presumed a stray and disposed of by the 
> appropriate
> agency as prescribed by law.
>
> 3.   Tenant agrees that if at any time the pet becomes annoying, 
> bothersome,
> or in any way a nuisance to Landlord or other tenants, Landlord reserves 
> the
> right to revoke permission to keep the pet. Should Landlord revoke
> permission, said pet shall be permanently removed from the premises within
> 48 hours after receipt of written notice.
>
> 4.   Tenant agrees that Landlord will not be responsible for the injury,
> harm, or death of the animal, and agrees to hold Landlord's agent harmless
> and to indemnify for any damages suffered as a result of any harm 
> inflicted
> on the animal upon another tenant, guest, or employee.
>
>
>
>
> 5.   Landlord and Landlord's agent shall not be liable for any damages to
> person or property caused by the pet and Tenant hereby agrees to hold
> Landlord harmless from liability. Tenant shall be liable for the entire
> amount of all damages caused by the pet as well as the entire amount of 
> any
> injury to individuals or property. Tenant is hereby encouraged to obtain a
> Pet Liability Policy which can be added as a rider to most renter 
> insurance
> policies.
>
> 6.   Tenant agrees to dispose of his pet's droppings PROPERLY and
> immediately. This applies to common areas as well as designated areas.
>
> Pets must wear the appropriate Local Animal License, a valid Rabies Tag 
> and
> tag bearing the ow ner's name, address, and phone number. All licenses and
> tags must be current. Tenant certifies that his pet has a current rabies
> vaccination.
>
>
>
> 8. Monthly pet fee is S0.00
>
> I ACCEPT FINANCIAL RESPONSIBILITY FOR THE ENTIRE AMOUNT OF ANY DAMAGES OR
> INJURY TO PERSONS OR PROPERTY WHICH MAY OCCUR BECAUSE OF MY PET. I
> UNDERSTAND THAT VIOLATIONS OF ANY OF THESE RULES MAY BE GROUNDS FOR 
> REMOVAL
> OF MY PET AND/OR TERMINATION OF MY TENANCY.
>
>
>
> RESIDENT                           DATE     RESIDENT
> DATE
>
>
>
> RESIDENT                           DATE
>
>
>
> COSIGNER
>
>
>
> DATE
>
>
>
>
>
> Rebecca Ilniski
>
>
>
> _______________________________________________
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