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-   -   Landlord Question? (https://www.yorkietalk.com/forums/general-yorkshire-terrier-discussion/19787-landlord-question.html)

chechinmipo 10-12-2005 05:39 PM

Landlord Question?
 
OK! So we live in a rented house. The owner states no pets when we signed the contract. Well now I have two. I know its not right for me to have done this but I couldn't live any longer without doggies. My question is If my landlord finds out that we have pets can we prosecuted or would he just keep our deposit and kick us out. he hasn't found out but if he does I don't care if we het kicked out cause we could go to a house were they allow my babies and be at piece but if we get prosecuted or something like that I ould freak out. :confused:

velobabe 10-12-2005 05:45 PM

I don't think they can "prosecute" you but they can ask you to get rid of your animals or leave since you signed a lease stating no pets and you broke that agreement. Maybe they'd just agree to charge you more rent each month. That's what my former landlord did when I got pets after we were moved in. Good luck!!

yorkieusa 10-12-2005 05:50 PM

No, there isn't any crime to charge you with. So, don't worry. OK? You may find yourself looking for another home one of these days, though. ;)

cheryl000 10-12-2005 06:12 PM

Since you are in Cali they can give you only a 3 days notice of eviction. I've seen it happen before. Unless you think can move out that quickly if the situation rises, then I would suggest looking for a new place now. If there is an emergency they can go into your house without your permission and what a surprise that would be. It depends on how strict the people are, usually if you are dealing straight with the owner they are more strict. Sometimes you can get off with a warning and be told to get rid of them, but I wouldn't wait for it. Also, when you apply for another appartment, they WILL call all the places you've rented from, and I don't think you'd want breaking the rules like that in a refrence or an eviction to follow you in your record.

chechinmipo 10-12-2005 06:19 PM

We live in a house. My landlord has not found out. I would agree to pay more a month but if worse comes to worse i could move out. My uncle lives a couple of minutes away and he could keep my babies while I move out in three days. Anyways i think he has to be happy with us we are very prompt with our payment and never late. The people that lived here before were god knows what as the cops came looking for someone we had no clue about several times. So we are much more decent and in better standing than his previous tenants.

YorkieShadow 10-12-2005 06:20 PM

Quote:

Originally Posted by chechinmipo
OK! So we live in a rented house. The owner states no pets when we signed the contract. Well now I have two. I know its not right for me to have done this but I couldn't live any longer without doggies. My question is If my landlord finds out that we have pets can we prosecuted or would he just keep our deposit and kick us out. he hasn't found out but if he does I don't care if we het kicked out cause we could go to a house were they allow my babies and be at piece but if we get prosecuted or something like that I ould freak out. :confused:

All they can do is tell you to move and keep your deposit. So dont worry.

chechinmipo 10-12-2005 06:22 PM

I also want to say that we are taking care of the carpet by professionaly cleaning it once. We also rented the cleaner and clean it periodically. :confused:

Marie 10-12-2005 06:30 PM

Since it was stated in the contract they can keep your deposit and ask you to leave. It really doesnt matter if you pay on time etc, you broke the contract . Hopefully the landlord will never find out but If I were you I will start looking for a new place that accept dogs or talk to your landlord if they are willing to change that clause. If they say No, then you know that they will not be happy if they find out you have pets on the house. Good luck.

yorkieangel 10-12-2005 06:39 PM

Well. I'm not sure about California law but in alot of states here would be the landlords options...


Accept it.
Accept it and ask for a pet deposit(usually a few hundred dollars)
Accept it and pay an extra monthly pet fee(usually 25-35 $)
Evict tenents
Evict tenents and also the tenants STILL have to pay rent for a set amount of time according to state law and how long the lease was signed for....

Yep you read that right. In some places if the tenant is the one who breaks the lease then they have to pay damages, which means not only physical damages but the costs the landlord occurs while trying to re-rent the apartment . This can mean advertising fees and unpaid rent while trying to get a new tenent. This all would depend on if you were renting month to month or yearly or whatever.

Also you might want to check out the state laws INCASE you move out or are evicted. Most states have a Timeframe for the landlord to give you written proof of damages or claims against you . For example some say 30 days some say 45 etc.... if they pass this amount of time , they can not ask you for ANYTHING in damages.
Also, They can not keep your security deposit for unpaid rent. A security deposit is for damages and not rent. Rent must be sued for in court unless you come to an agreement otherwise with landlord. Only damages can be taken from security with the notice in writing within the set amount of days from your state. ALSO if you ask for a walkthru with you present it must be done within a set amount of days.
Alot of these things are just a matter of you making sure to WRITE everything done and send registered for a couple dollars through the mail. It only takes a minute and a few bucks to protect yourself and you need to remember to do it that day and don't let timeframe run out.
Also.. LOL.. again. It is ALWAYS a smart idea to have a walk through BEFORE you move in a place. this way broken things are noted in writing by yourself and landlord and then a year later the landlord can not be claiming you did it when it was like that when you mived in.


ANYWAYS... All states have there own thing but the things I listed I know are done in alot of states. Just do a little search under tenant rights on your computer and be prepared just in case.

chechinmipo 10-12-2005 06:44 PM

Thanks for all that info I will sure research and keep your info in mind. :thumbup:

cheryl000 10-12-2005 06:46 PM

A few months ago I lived in a rented place with a cat. A quiet cat who most of the time stayed out of the window, I even broke a cheap window by tapping on it with a bottled water to get her out of it. She was fine but I was so surprised how easy it broke. But anyways, a cat is easier to hide than 2 barking dogs that need to outside from time to time. I used to be stressed out every time I left the house if she would be seen by the landlord who drove by often. Just move, it's the most honest and least stressful thing to do.

chechinmipo 10-12-2005 06:52 PM

I am sure you are at piece now and feeling no stress. I don't stress to much but I don't want to move unless we really have to. My dad wouldn't really like moving and going through all that again . Its not fun at all.

CherOKchic 10-12-2005 09:24 PM

Every State is Different...(long)
 
Hi, I am an apartment manager in OK and I can tell you that each state has its own laws...some of which favor landlords over tenants so definately do some research.
1. Search net for your state + "Landlord & Tenant Act"
2. Get copies of your signed agreement...most states have laws that require anyone to request copies of any legal agreements, most times at no cost...contact your management and politely ask for copies, if you are uncomfortable w/ this just tell them you have to provide proof of residency for a student loan or other.
3. In your lease look for sections that pertain to Pets, Breach of Agreement, Security Deposit terms, damages...

Yorkieangel has some good advice....however here any portion of a security deposit can be kept for money owed (rent or otherwise) and some require a seperate Pet Deposit or Fee. Some will charge up to the time of new rental, others just 30 days....but eviction is always costly on the tenant as long as the landlord goes through the proper steps.

Be careful!! Slumlords will try to take advantage of renters lack of knowledge when it comes to this. Read the L/T Act!! it is an invaluable resource. A walk through is definately recommended in these cases, at least take time/date stamped picks for your records. Our state allows to charge for any damages, which includes carpet replacement...an iffy landlord can use the pets as an "excuse" to get new carpet if they claim the pet odors/stains could not be removed, and still charge for any cleaning/deodorizing of the old carpet.

From my perspective, I would be more willing to compromise w/ a tenant that is honest w/ me....we will always find out, sooner or later, anyways! If your prepared to move for your pets wouldn't you rather do it on better terms and your own than being forced.
Good luck, I hope everything works out for you!

lickthestar 10-13-2005 03:03 AM

in ny, if your lease says that no dogs are allowed, and you have a dog and live freely with your dogs for 2 months and no one says anything, the dog stays and they can't kick him out. lucky for me, i had a super who fell in love with archie, and he's been with us for a year.

mustangbee 10-13-2005 05:26 AM

We have a few houses we rent out. My husband had a no pets rule,
well that all changed, because a few called the here at the house because he was out of his office. They asked me about pets, I told them sure you can, I love them. They did tell me about the lease stating no pets, I said oh well, I'm the wife, and you just pick up after your baby, and I'll make sure it's ok. :)
LOL, We have now taken the NO PETS out of the lease! :)


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