[OH] Do I have to sign a lease addendum adding a pet fee that was missing from my original lease?

OH Landlord-Tenant

Richard

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Based on your situation, there are several legal arguments and considerations in Ohio that could potentially support your case:

Lease Terms and Amendments. Generally, a lease is a binding contract, and any changes to it, such as adding a pet fee, typically require the agreement of both parties. If your lease specifies that amendments must be signed by both landlord and tenant to be binding, then any unilateral changes by the landlord may not be enforceable without your consent. (OH Rev Code § 5321.01)
Non-Existent Exhibit. If the lease references a non-existent exhibit regarding the pet policy, this could be seen as a lack of clarity or ambiguity in the contract. Ambiguities in contracts are often interpreted against the party that drafted the document, which is usually the landlord.
Past Practices. The fact that the landlord has not charged a pet fee for the past six months could potentially be used to argue that there was an implied agreement or understanding that no fee was required, especially if this was not addressed in the lease.
Consumer Protection Laws. Ohio has consumer protection laws that may offer some recourse if you feel that the landlord is acting unfairly or deceptively by suddenly imposing a fee that was not previously agreed upon.

Let me know if you have any questions or clarifications.

Residential Lease Addendum

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My lease has a reference in one exhibit to another exhibit relating to the pet policy, which does not exist. They have not been charging a pet fee for the past six months. They are now suddenly asking us to sign an addendum to the lease to add the fee. Do we have to sign this addendum? (Ohio)

Lexi, Chatbot

I understand how concerning it can be to deal with unexpected lease changes. Have you discussed this issue with your landlord or property management?

No.

Lexi, Chatbot

How long is the remaining term of your lease, and does it include any clauses regarding amendments or addendums?

The lease expires September 1, 2026. There is an amendment fee clause, and a clause that simply says landlord and tenant must sign an amendment to be binding.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured, they will be able to help with your lease amendment issue.

No.

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're dealing with a situation where your lease has a reference to a non-existent pet policy exhibit, and now you're being asked to sign an addendum for a pet fee. Could you tell me more about any written communication or agreements you've had with your landlord regarding this issue?

Disclaimer: Just a note — this conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only.

Have you received any written communication from your landlord about the pet policy or the addendum they want you to sign?

Richard

Based on your situation, there are several legal arguments and considerations in Ohio that could potentially support your case:

Lease Terms and Amendments. Generally, a lease is a binding contract, and any changes to it, such as adding a pet fee, typically require the agreement of both parties. If your lease specifies that amendments must be signed by both landlord and tenant to be binding, then any unilateral changes by the landlord may not be enforceable without your consent. (OH Rev Code § 5321.01)
Non-Existent Exhibit. If the lease references a non-existent exhibit regarding the pet policy, this could be seen as a lack of clarity or ambiguity in the contract. Ambiguities in contracts are often interpreted against the party that drafted the document, which is usually the landlord.
Past Practices. The fact that the landlord has not charged a pet fee for the past six months could potentially be used to argue that there was an implied agreement or understanding that no fee was required, especially if this was not addressed in the lease.
Consumer Protection Laws. Ohio has consumer protection laws that may offer some recourse if you feel that the landlord is acting unfairly or deceptively by suddenly imposing a fee that was not previously agreed upon.

Let me know if you have any questions or clarifications.

Richard

76,546 satisfied customers

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