California- i have a question about getting evicted

[underrated831]

What is the name of your state? california


alright heres a the deal i am located in san diego, california. i am a college student and i work, i did not have enough time to find a place that allows dogs. so i moved into a house with my 3 other roomates while i hid the dog from the landlord. they found out about the dog and now they gave me my 30 day eviction notice. they said im NOT getting my security deposit back which equaled to first months rent. AND they want me to replace the carpet, but my dog is trained and there is NOTHING wrong with the carpet.



my question is are they legally allowed to take my security deposit away from me just because we're getting evicted? even though there isnt any damages to the house

and are they allowed to make me replace the whole carpet in the house whne theres nothing wrong with it?

thank you

-andy

 

[underrated831]

oh and also we found this house through a management company if that matters at all

 

[fairisfair]

We can't see your lease, so we don't know what it says regarding your security deposit, evictions, or dog hiding. No one can answer your questions based on the information you have given.

 

[underrated831]

what other info do you need? thank you

 

[Zigner]

We can't see your lease, so we don't know what it says regarding your security deposit, evictions, or dog hiding. No one can answer your questions based on the information you have given.

If your dog does no damage, then they can't withhold for damages caused by the dog.

 

[fairisfair]

um . . . . . what it says in your lease??

 

[underrated831]

i found my lease it says:

28. breach of contract; early termination: in addition to any obligations established by paragraph 27, in the event of termination by tenant prior to completion of the original term of the agreement, tenant shall also be responsible for lost rent, rental comissions, advertising expenses and painting costs necessary to ready premises for re-rental. landlord may withold any such amounts from tenants security deposit.

 

[fairisfair]

If your dog does no damage, then they can't withhold for damages caused by the dog.

Dogs shed and infest carpets with fleas, ticks and pet dander. If his lease specified no pets, the landlord may be well within reason, besides, trained dogs do have accidents, and let's face it, we can't see either the lease, or the carpet.

 

[fairisfair]

i found my lease it says:

28. breach of contract; early termination: in addition to any obligations established by paragraph 27, in the event of termination by tenant prior to completion of the original term of the agreement, tenant shall also be responsible for lost rent, rental comissions, advertising expenses and painting costs necessary to ready premises for re-rental. landlord may withold any such amounts from tenants security deposit.

wow, that is a really short lease. We need to know everything that it says about eviction, termination, pets, security deposits etc. unless you are willing to type the whole thing, and someone is willing to read it, your best bet is a local attorney.

 

[Zigner]

Dogs shed and infest carpets with fleas, ticks and pet dander. If his lease specified no pets, the landlord may be well within reason, besides, trained dogs do have accidents, and let's face it, we can't see either the lease, or the carpet.

Exactly, and that's why I kept it vague.

 

[ecmst12]

That part of the lease is irrelevant anyway since it's not the tenant who's ending the lease early.

Even if your pet didn't damage the carpet, his skin cells are infesting it. No big deal to you or me, but someday you will move out and the LL will want to re-rent the place...and your dog's dander could pose a serious problem if the next tenant has a dog allergy.