Is e-mail legally binding in any way?
December 30, 2013 2:44 PM Subscribe
We're up to renew our lease and want the new lease modified so that we can keep our dog in the apartment. Our landlord refuses to modify the lease at all and suggested instead an e-mail stating that we are allowed to have the dog. Is this meaningful in any real way?
We have been living in the same apartment, with our dog, for several years under a verbal agreement that having the dog is fine. We want to have something more official and legal. Our concern is what if a maintenance person enters our premises when we are not there and is bit by our dog. We feel like we need some sort of legal protection. Will an e-mail suffice? Why would a landlord refuse to modify the lease for such a reasonable request (and one that he agrees to verbally/in principle)?
We have been living in the same apartment, with our dog, for several years under a verbal agreement that having the dog is fine. We want to have something more official and legal. Our concern is what if a maintenance person enters our premises when we are not there and is bit by our dog. We feel like we need some sort of legal protection. Will an e-mail suffice? Why would a landlord refuse to modify the lease for such a reasonable request (and one that he agrees to verbally/in principle)?
Why would a landlord refuse to modify the lease for such a reasonable request (and one that he agrees to verbally/in principle)?
Modifying a legally binding document is usually a bad idea without talking to a lawyer, and they don't work for free. That's my guess, anyway.
posted by FAMOUS MONSTER at 2:52 PM on December 30, 2013 [1 favorite]
Modifying a legally binding document is usually a bad idea without talking to a lawyer, and they don't work for free. That's my guess, anyway.
posted by FAMOUS MONSTER at 2:52 PM on December 30, 2013 [1 favorite]
Our concern is what if a maintenance person enters our premises when we are not there and is bit by our dog.
I'm not a lawyer, but I don't see why either a lease amendment or an email would release you from liability from your dog biting a maintenance person. You are liable for your dog's actions since your dog is your property. This is an entirely separate legal issue from whether or not you are allowed to have a dog in your apartment.
Why would a landlord refuse to modify the lease for such a reasonable request
The most prominent two possibilities that come to mind is that your landlord isn't getting anything out of this request and your landlord doesn't like to change legally binding agreements without consulting their lawyer. The former makes sense, but the latter is a bit silly, because an email would be legally binding. However, it's not easily legally binding, because if your landlord wants to, they can simply deny ever sending the email if this ever ended up in court.
Keep in mind there isn't anything stopping you from offering your landlord something in exchange for a lease modification (either a one time payment or a continual pet rent payment).
Will an e-mail suffice?
Say your landlord decided to evict you and/or withhold your deposit due to having a dog in your apartment. Do you really want to be in court showing a printout of an email saying you are allowed to have a dog when your landlord is showing a signed lease? He can be legally in the wrong, but still have a more compelling court case than you.
posted by saeculorum at 2:54 PM on December 30, 2013 [3 favorites]
I'm not a lawyer, but I don't see why either a lease amendment or an email would release you from liability from your dog biting a maintenance person. You are liable for your dog's actions since your dog is your property. This is an entirely separate legal issue from whether or not you are allowed to have a dog in your apartment.
Why would a landlord refuse to modify the lease for such a reasonable request
The most prominent two possibilities that come to mind is that your landlord isn't getting anything out of this request and your landlord doesn't like to change legally binding agreements without consulting their lawyer. The former makes sense, but the latter is a bit silly, because an email would be legally binding. However, it's not easily legally binding, because if your landlord wants to, they can simply deny ever sending the email if this ever ended up in court.
Keep in mind there isn't anything stopping you from offering your landlord something in exchange for a lease modification (either a one time payment or a continual pet rent payment).
Will an e-mail suffice?
Say your landlord decided to evict you and/or withhold your deposit due to having a dog in your apartment. Do you really want to be in court showing a printout of an email saying you are allowed to have a dog when your landlord is showing a signed lease? He can be legally in the wrong, but still have a more compelling court case than you.
posted by saeculorum at 2:54 PM on December 30, 2013 [3 favorites]
Maybe I am missing something, but I do not think that having an email stating that you arei indeed allowed to have a dog is going to be that helpful if your dog bites someone in the unit... but maybe you are just using it as an example where having a paper trail is helpful?
Anyway, I think this might be a better question for your local tenants's organization, but someone more versed in law than myself could tell you whether an addendum made via email would be binding in any way.
posted by sm1tten at 2:56 PM on December 30, 2013 [1 favorite]
Anyway, I think this might be a better question for your local tenants's organization, but someone more versed in law than myself could tell you whether an addendum made via email would be binding in any way.
posted by sm1tten at 2:56 PM on December 30, 2013 [1 favorite]
This is not legal advice and I am not your lawyer. Consult a lawyer to get advice relevant to your situation and your jurisdiction. I have no idea where you are or what local laws may apply to you.
If you're in the US, email and electronic signatures can form binding legal agreements, yes. One thing to consider is whether your lease contains a provision stating that it reflects the "entire agreement" of the parties (i.e., there are no other agreements, written or verbal, beyond what is in the lease, to the derogation of your email agreement)--and whether such a clause is enforceable (and how) in your jurisdiction. There may be other local questions--real property law varies widely from jurisdiction to jurisdiction. There may be a requirement (ostensibly to protect renters, perhaps) that requires all terms in a rental lease to be in the lease document itself. And, as noted above, getting in the lease certainly looks better than pointing to an email printout, so there's that.
One thing you should also have confirmed by local counsel is your liability to entrants if your dog bites them while in your apartment. I'm not a tort lawyer, but I would not expect any liability shield whatsoever from having your LL agree to the dog. It's still your dog, and it still bit someone. Look into renter's insurance to cover you.
Again, this is not legal advice and I am not your lawyer. Get a lawyer. Good luck.
posted by Admiral Haddock at 2:57 PM on December 30, 2013 [8 favorites]
If you're in the US, email and electronic signatures can form binding legal agreements, yes. One thing to consider is whether your lease contains a provision stating that it reflects the "entire agreement" of the parties (i.e., there are no other agreements, written or verbal, beyond what is in the lease, to the derogation of your email agreement)--and whether such a clause is enforceable (and how) in your jurisdiction. There may be other local questions--real property law varies widely from jurisdiction to jurisdiction. There may be a requirement (ostensibly to protect renters, perhaps) that requires all terms in a rental lease to be in the lease document itself. And, as noted above, getting in the lease certainly looks better than pointing to an email printout, so there's that.
One thing you should also have confirmed by local counsel is your liability to entrants if your dog bites them while in your apartment. I'm not a tort lawyer, but I would not expect any liability shield whatsoever from having your LL agree to the dog. It's still your dog, and it still bit someone. Look into renter's insurance to cover you.
Again, this is not legal advice and I am not your lawyer. Get a lawyer. Good luck.
posted by Admiral Haddock at 2:57 PM on December 30, 2013 [8 favorites]
Meaning, there might need to be some specific language in order for this email to be worth anything in terms of protection.
posted by sm1tten at 2:57 PM on December 30, 2013
posted by sm1tten at 2:57 PM on December 30, 2013
state by state. many states permit electronic signatures, which is what would be relevant. (although a real property doc like a lease may be different).
posted by jpe at 3:04 PM on December 30, 2013
posted by jpe at 3:04 PM on December 30, 2013
One reason your landlord might not wish to have pet approval in the lease is because he feels it may protect HIM in the event your pet bites someone, i.e. he did not authorize you to have a pet. The email could/would contradict that but is probably less likely to come to the attention of a tort plaintiff.
If an email were to be sent after the lease is entered into it would probably not be subject to an "entirety of the agreement" provision. Agreements can be modified by subsequent agreement of the parties.
Not legal advice.
posted by uncaken at 3:36 PM on December 30, 2013
If an email were to be sent after the lease is entered into it would probably not be subject to an "entirety of the agreement" provision. Agreements can be modified by subsequent agreement of the parties.
Not legal advice.
posted by uncaken at 3:36 PM on December 30, 2013
Okeydokey.... #1 this is all about your jurisdiction, but in general....
- Email totally binding in housing court
- Your pet may be grandfathered in since it's already been there a while and this is a Lease RENEWAL, you and your pet are already tenants! What did you last lease say? Is the pet new? Or has the pet always been there? These answers effect how you want to proceed.
- Most small landlords make alterations to the lease by hand, and then everyone initials the changes. Yeah, it's informal, but it's definitely common. Your landlord is free to do it any way they want, EXCEPT, you should never ever ever have a verbal or email agreement that contradicts the lease. You seem to know this already, tho;))
That's about all I can add to the conversation. Call you local tenants org and see what the specifics are for your jurisdiction. Good luck.
........
PS -- If maintenance people enter your home without notice, such that you can secure your pet safely, then that's a whole different problem. Most jurisdictions don't allow a landlord or his agents to enter without notice unless there is a serious emergency.
posted by jbenben at 3:54 PM on December 30, 2013 [1 favorite]
- Email totally binding in housing court
- Your pet may be grandfathered in since it's already been there a while and this is a Lease RENEWAL, you and your pet are already tenants! What did you last lease say? Is the pet new? Or has the pet always been there? These answers effect how you want to proceed.
- Most small landlords make alterations to the lease by hand, and then everyone initials the changes. Yeah, it's informal, but it's definitely common. Your landlord is free to do it any way they want, EXCEPT, you should never ever ever have a verbal or email agreement that contradicts the lease. You seem to know this already, tho;))
That's about all I can add to the conversation. Call you local tenants org and see what the specifics are for your jurisdiction. Good luck.
........
PS -- If maintenance people enter your home without notice, such that you can secure your pet safely, then that's a whole different problem. Most jurisdictions don't allow a landlord or his agents to enter without notice unless there is a serious emergency.
posted by jbenben at 3:54 PM on December 30, 2013 [1 favorite]
Nothing will absolve you of liability for harm your pet causes. That said, it IS pretty common for a landlord to grant permission to have a pet via "getting something in writing" rather than actually amending a lease mid-term, which is typically done with a dated, signed, letter or note. Email seems like it would be a reasonable alternative, since they seem to be binding in other circumstances I've heard of - but I'm not a lawyer. Your local housing agency should be able to tell you one way or another whether that flies in your area.
posted by stormyteal at 4:25 PM on December 30, 2013 [1 favorite]
posted by stormyteal at 4:25 PM on December 30, 2013 [1 favorite]
Our concern is what if a maintenance person enters our premises when we are not there and is bit by our dog. We feel like we need some sort of legal protection.
Even if your landlord permits you to keep a dog on the premises, that is not a "get out of jail free" card when it comes to your animal's behavior. If your dog attacks another human, you can be found liable. In fact, in the majority of states, you are liable without the bitten person having to show that you did anything wrong. This would even be the case if you actually owned the property where you live.
Why would a landlord refuse to modify the lease for such a reasonable request (and one that he agrees to verbally/in principle)?
As a landlord, I can tell you that I don't like pets in the premises. They tear up the place and make it stink. That is why a landlord would reasonably refuse to allow you to have a pet on the premises.
Also, listen to Admiral Haddock. And, I am not your lawyer, either.
posted by Tanizaki at 5:10 PM on December 30, 2013
Even if your landlord permits you to keep a dog on the premises, that is not a "get out of jail free" card when it comes to your animal's behavior. If your dog attacks another human, you can be found liable. In fact, in the majority of states, you are liable without the bitten person having to show that you did anything wrong. This would even be the case if you actually owned the property where you live.
Why would a landlord refuse to modify the lease for such a reasonable request (and one that he agrees to verbally/in principle)?
As a landlord, I can tell you that I don't like pets in the premises. They tear up the place and make it stink. That is why a landlord would reasonably refuse to allow you to have a pet on the premises.
Also, listen to Admiral Haddock. And, I am not your lawyer, either.
posted by Tanizaki at 5:10 PM on December 30, 2013
Is the landlord using one of the standard lease agreements for your area? If so, they may not have a version that they can make changes to on the computer. When I moved I hand-wrote in that I could have a cat, and my landlord and I both initialed it. That seems to be the way it's done around here.
Our concern is what if a maintenance person enters our premises when we are not there and is bit by our dog.
Yeah, this is more of a renter's insurance/umbrella insurance thing. Not every policy covers dog bites, and not all breeds will be covered, but if your primary concern is your liability for your dog's potential biting, talk to your insurance agent.
posted by pie ninja at 5:43 PM on December 30, 2013
Our concern is what if a maintenance person enters our premises when we are not there and is bit by our dog.
Yeah, this is more of a renter's insurance/umbrella insurance thing. Not every policy covers dog bites, and not all breeds will be covered, but if your primary concern is your liability for your dog's potential biting, talk to your insurance agent.
posted by pie ninja at 5:43 PM on December 30, 2013
Why would a landlord refuse to modify the lease for such a reasonable request (and one that he agrees to verbally/in principle)?
Because most non-lawyers treat contractual documents as instances of Holy Writ containing mysterious Words of Power, the alteration of which is bound to have baleful effects.
No, seriously, they do. Even when the contractual language is redundant, irrelevant, or downright non-operative, non-lawyers tend to have an almost reverent attitude towards them, insisting on alternate language which is clearer or even beneficial lest they disturb the Great Runes.
It's also entirely possible that your landlord hasn't read his own damned lease and so doesn't want to futz with it. I'm dealing with two such cases as we speak, and it's pretty annoying.
One thing to consider is whether your lease contains a provision stating that it reflects the "entire agreement" of the parties (i.e., there are no other agreements, written or verbal, beyond what is in the lease, to the derogation of your email agreement)--and whether such a clause is enforceable (and how) in your jurisdiction.
Generally speaking, "integration clauses" like that only operate to disqualify proposed language that predates or is contemporaneous with the writing. Any alleged verbal agreements are probably right out, regardless of when they're dated, but even writings that date from before an integrated document are too. But writings that post-date the integrated writing tend to be okay. Again, generally speaking. Tons of agreements are integrated, but they're all subject to amendment post-ratification as long as you do it right.
posted by valkyryn at 5:58 PM on December 30, 2013 [7 favorites]
Because most non-lawyers treat contractual documents as instances of Holy Writ containing mysterious Words of Power, the alteration of which is bound to have baleful effects.
No, seriously, they do. Even when the contractual language is redundant, irrelevant, or downright non-operative, non-lawyers tend to have an almost reverent attitude towards them, insisting on alternate language which is clearer or even beneficial lest they disturb the Great Runes.
It's also entirely possible that your landlord hasn't read his own damned lease and so doesn't want to futz with it. I'm dealing with two such cases as we speak, and it's pretty annoying.
One thing to consider is whether your lease contains a provision stating that it reflects the "entire agreement" of the parties (i.e., there are no other agreements, written or verbal, beyond what is in the lease, to the derogation of your email agreement)--and whether such a clause is enforceable (and how) in your jurisdiction.
Generally speaking, "integration clauses" like that only operate to disqualify proposed language that predates or is contemporaneous with the writing. Any alleged verbal agreements are probably right out, regardless of when they're dated, but even writings that date from before an integrated document are too. But writings that post-date the integrated writing tend to be okay. Again, generally speaking. Tons of agreements are integrated, but they're all subject to amendment post-ratification as long as you do it right.
posted by valkyryn at 5:58 PM on December 30, 2013 [7 favorites]
First, do you have rental insurance? That should cover injuries caused by the dog.
Second, can you crate the dog when you're not home? My dogs are always crated, and in previous leases it's been required in the pet addendum that the dogs be locked up when maintenance enters the unit.
posted by radioamy at 6:02 PM on December 30, 2013
Second, can you crate the dog when you're not home? My dogs are always crated, and in previous leases it's been required in the pet addendum that the dogs be locked up when maintenance enters the unit.
posted by radioamy at 6:02 PM on December 30, 2013
The real problem may lie between your landlord and his condo association (you said apartment, so I'm inferring private landlord). It's possible that his own homeowner's association rules has limits (size, breed, etc) on pets that he should pass on to you but has not; and so far, so good. But he wants to leave himself the wiggle room in case he is called out on it. so he doesn't want to write it into your lease.
posted by Dashy at 6:48 PM on December 30, 2013 [1 favorite]
posted by Dashy at 6:48 PM on December 30, 2013 [1 favorite]
N'thing get a lawyer opinion. But if your landlord doesn't want it in paper writing, why should you trust them?
Something smells here.
posted by TheAdamist at 7:21 PM on December 30, 2013
Something smells here.
posted by TheAdamist at 7:21 PM on December 30, 2013
is keeping your dog and living in the same apartment worth $300 to you? if so, just pay the money to ask a lawyer. this sounds like low-hanging fruit from the lawyers perspective and would give you peace of mind.
posted by cupcake1337 at 8:45 PM on December 30, 2013
posted by cupcake1337 at 8:45 PM on December 30, 2013
I am not your lawyer - this is not legal advice. I came in to say the "four corners" thing that Admiral Haddock and Valkryn said - or a combination of the two (basically, an amendment after the lease will tend to be okay, unless there is some non-amendment clause).
posted by Pax at 4:37 AM on December 31, 2013
posted by Pax at 4:37 AM on December 31, 2013
This thread is closed to new comments.
The phrase "get it in writing" comes to mind.
posted by oceanjesse at 2:50 PM on December 30, 2013