Liquidation Damages

What is the name of your state (only U.S. law)? New York

I would like to own a Staffordshire Terrier and keep her in my apartment. Here's my problem:

"Pets: Pets are not allowed without written consent and permission from Landlord. Absolutely no large dogs- as this violates the insurance policy for this property. This rule pertains to any kind of pet, including but not limited to birds, fish, frogs, rabbits, guinea pigs, ferrets, cats, dogs, farm animals or lizards and snakes. If Landlord gives consent, a pet agreement shall be signed by both parties. In addition, a $300.00 pet deposit will be required- $225.00 refundable at time of Tenants move out and after inspection of premises (up to 15 days). In addition to the pet deposit, $5.00 will be added to your monthy rent. This portion is not refundable. Both pet deposit and additional rent are for each individual animal. If Tenant/s violate this provision, Tenant agrees to pay the Landlord liquidate damages in the sum of $1000.00."

That is a quote from the Lease Statement in regards to the Pet Policy from my Landlord.

Here is some research that was sought after in regards to understanding the Pet Policy in general. I looked up the explanation of "liquidated damages" and here is what I found...

"Whether an individual who has been subjected to an "intentional or willful" violation of the Privacy Act, 5 U.S.C. 552a, must prove that he suffered "actual damages" to be awarded $1000 under Section 552a(g)(4) of the Act."

And there will be no damages by purchasing the pet, only the fact that we didn't get permission.....while the other tenant (the landlords sister) HAS 1 DOG, 2 CATS, A 12GL FISH TANK FULL OF FISH and wasn't limited to only one dog and no other pets...which is favortism and isn't fair to the other tenants (me and my finace).

"Damages can be liquidated in a contract only if (1) the injury is either "uncertain" or "difficult to quantify"; (2) the amount is reasonable and considers the actual or anticipated harm caused by the contract breach, the difficulty of proving the loss, and the difficulty of finding another, adequate remedy; and (3) the damages are structured to function as damages, not as a penalty. If these criteria are not met, a liquidated damages clause will be void."

"The American Law Reports annotation on liquidated damages states, "Damages for breach by either party may be liquidated in the agreement but only at an amount that is reasonable in light of the anticipated or actual harm caused by the breach. … A term fixing unreasonably large liquidated damages is unenforceable on grounds of public policy as a penalty" (12 A.L.R. 4th 891, 899)."

A thousand dollars is an unreasonable amount to ask for for having a dog. There's no way a dog is going to do $1000.00 worth of damage. Even if so, the lease doesn't state how long we have to pay the $1,000.00. So, even if we had to pay the liquidated damage fee, we wouldn't have to pay it all at once because it is not stated that way in the lease...correct?

I just want one more dog and I don't think there is a problem with that. Help! Thank you,
Haley

A thousand dollars is an unreasonable amount to ask for for having a dog. There's no way a dog is going to do $1000.00 worth of damage.

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Really? When is the last time you replaced carpeting in an apartment? or hardwood floors that are scratched beyond repair? or, with my dogs, replaced drywall that they decided to eat? Doesn't take too many doors to add up to $1000.

Even if so, the lease doesn't state how long we have to pay the $1,000.00. So, even if we had to pay the liquidated damage fee, we wouldn't have to pay it all at once because it is not stated that way in the lease...correct?

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No, not correct. It is due in full upon you breaching the contract.

I just want one more dog and I don't think there is a problem with that.

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I saw nothing in the section of the lease that limited you to one dog. It even implied multiple animals are a possibility as it stated the additional rent and the initial fee is charged per animal.

In addition to the liquidated damages, a violation of the lease is just cause to at least issue a cure or quit demand. If you do not cure the situation (get rid of the unapproved animal) you can be evicted for breach of contract.

My 9 pound rat terrier decided to get cranky while we were gone one day. He chewed a big chunk out of the bathroom vanity, and out of the floor level cabinets in the kitchen. We thought he was well trained. Imagine that.

Cost was $1500 to replace it all.

The point is that to say there's no way a dog can cause $1,000 in damage is absurd. Of course a dog can cause that much damage. You will have to housebreak the dog. The messes on the carpet alone could easily add up to that in replacement costs.

I would imagine the first thing your LL will do when you bring an unapproved pitbull into the apartment is to start the eviction process. In which case, the liquidated damage clause can be litigated simultaneously with your eviction, saving you the trouble of having to go to two different courthouses.

So at least you got that going for you.