Can a Landlord Add a New Pet Addendum in the Middle of a Lease?

A pet addendum is an add-on to leases that spells out specifically what is and is not allowed in a unit concerning animals. This can include or limit much of anything, such as dogs, cats, reptiles, etc. However, it is still part of the underlying lease agreement. As such, pet addendums are part of landlord-tenant law.  

Key Takeaways

• A pet addendum is a crucial part of a lease agreement in Illinois, defining what pets are allowed and establishing legal boundaries that both landlords and tenants must adhere to.
• Written leases offer greater protection for tenants and their pets compared to oral leases in Illinois, ensuring clarity on rental terms, responsibilities, and pet policies that cannot be unilaterally changed.
• Disputes over pet addendums or lease terms require careful legal review and may involve actions such as negotiation, lawsuit filing, or defending against eviction, emphasizing the importance of legal counsel in navigating landlord-tenant conflicts.

General Approach for Landlords and Tenants When It Comes to Pets.  

In Illinois, landlords have specific responsibilities when it comes to tenants and their pets. They must maintain a safe and comfortable living environment, respond promptly to repair requests, and ensure that common areas are not hazardous to people or pets who may be coming through. Your (and your landlord's) rights in a lease change depending on the type of lease and what the lease contains.   

Leases are Contracts 

It is easy to be confused by the change in terminology. Leases are, in essence, contracts. A lease is a legal agreement between you and a landlord that outlines all the details of your relationship and responsibilities to each other. Pet addendums function much the same. Both function like a contract with some extra regulation added by the State. Normally, one can contract just about anything they wish in the State of Illinois (there are a few exceptions, such as not contracting to commit a crime). However, leases are one area where contracts are limited to some extent. The State has decided it can make some rules that all rental contracts (leases) must follow. One crucial thing to understand about leases is that they can be written or oral. This can impact the landlord's rights to add something like a pet addendum to your lease.  

Oral leases 

If you and your landlord agree without writing it down, you have an oral lease. Because oral leases are less defined, they have different rules surrounding them: 

• Unlike written "normal" leases, they don't include set time periods.  
• Many oral leases can have you evicted with as little as a month's notice.  
• A landlord can change the rent with much less notice than usual, and 
• The landlord may also add rules that you may not like – this includes changing the rules concerning pets- without consulting you. 

Oral leases provide less security for a tenant (or their pet).  

 Written leases 

A written lease clearly spells out the policies that both you and your landlord have agreed upon.  

Normally, these leases have some of the following characteristics: 

• Both you and the landlord sign the lease and are in agreement. 
• Major factors, such as gas and electric services, are described in the lease.  
• Everyone who is living in a unit will be listed (including pets) 
• The lease should clearly state joint responsibilities (if there will be roommates, pets, special needs, or other things), including rental fees for each person, etc. 

One major benefit of written leases is that they cannot be changed by one party unless the lease specifically outlines that this is possible. Unlike oral leases, where a landlord might change their mind at will on tenancy or policies, leases lock both a landlord and a tenant into a set of rules that both must follow (presuming there are no terms that are illegal within the lease). Written leases provide much more protection for you and your pet.  

Written Leases are Difficult (But not Impossible) To Alter 

That is not to say leases cannot change or are easy to interpret. Many leases will allow landlords to make major changes to the agreement. Some changes are limited by law (such as eviction), but if your lease allows the landlord to change policies concerning pets mid-lease, there is a chance that this is allowed under Illinois law.  

Not only that but sometimes, nothing in the lease needs to change at all for one party to argue things should be different. For example, if a part of the lease is vague, one could interpret it as the power to change policies from the beginning or that really one of you misunderstood what the lease said at all. This can sound sinister, but it is not uncommon for people to sincerely disagree about what a document they both signed "really" means.  

 This is one reason why it is crucial to have an attorney read a lease agreement. Many consider it an unnecessary expense up front, but cases, where a hard-to-decipher word complicates a person's life due to a lease being unchecked, are all too common. Taking care of the issue before the lease is signed is far easier than after.   

What To Do if There is a Dispute About A Pet Addendum:  

If you have a dispute with your landlord, it is important to remember that the lease is still binding. It is a common misconception that someone might not have to pay rent anymore, for example, if the landlord fails in some way to uphold their part of the bargain. That is very rarely true, though it is always important to listen to your attorney's advice, as they will understand the specific circumstances you are working within. This applies to a pet addendum.  

 It is also important, once there is a dispute, to talk to an attorney about your options. Every lease and pet addendum is different and may come with different rules. Breaking rules in a lease or pet addendum can lead to eviction. An experienced landlord tenant attorney will understand what to look for, what is legally binding, and other crucial elements which may be able to help you moving forward.   

What Actions Might Your Lawyer Take to Help You? 

When contesting a lease, a lawyer might engage in several actions depending on the specific circumstances and legal grounds involved. Here are some different things your lawyer might do: 

1. Review Lease Terms: The lawyer will thoroughly review the lease agreement to identify any ambiguities, unfair terms, or potential breaches by the landlord. 
2. Negotiate with Landlord: Attempt to negotiate with the landlord outside of court to resolve disputes or modify lease terms in favor of the tenant. 
3. File a Lawsuit: File a lawsuit on behalf of the tenant against the landlord, seeking remedies such as lease termination, rent reduction, or damages. 
4. Defend Against Eviction: Represent the tenant in eviction proceedings, contesting the grounds for eviction and presenting legal defenses. 
5. Document Review and Analysis: Conduct a detailed analysis of all relevant documentation, including correspondence, notices, and lease amendments, to build a strong case. 
6. Seek Injunctions or Temporary Orders: Request injunctions or temporary restraining orders to halt actions by the landlord that may harm the tenant's rights or interests during the dispute resolution process. 
7. Provide Legal Advice: Offer ongoing legal advice and guidance to the tenant throughout the contesting process, ensuring informed decisions are made. 

Each case is unique, and the actions taken by a lawyer will depend on the specific facts, legal issues, and objectives of the tenant contesting the lease.