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Old 10-23-2010, 11:47 AM   #1
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Default Eviction: I had 2 cats and had not paid the cat deposit.

I received a notice to vacate the premises in 3 days after they found out I had 2 cats and had not paid the cat deposit. I am a month to month lease. My lease says that if I am found with pets there is a 100 dollar plus 10 dollar per day fine which would have been 3 days so I figured it would have been 130 per cat. I was never offered a chance to pay this. I had already given a thirty day notice that i was moving and my lease was up in 1 week. I have now received a letter saying that I owe them the pet deposit of 250 per cat and they say that blinds were damaged for 280 dollars plus they want a sublet fee of 500 dollars because they evicted me. But the lease was paid and up in one week. They did not return my deposit of 100 either. Do I have to pay this and can they ruin my credit if I don't?
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Old 10-23-2010, 02:42 PM   #2
AFFA
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Default re: Eviction: I had 2 cats and had not paid the cat deposit.

I wish to inform you that an eviction may be done only after giving you notice of 30 days. Further, the terms of contract will govern your fine. You cannot be made to pay a fine which is in excess of agreement. Therefore if the agreement provides about a fine of $130 then fine of $250 cannot be imposed on you. Further, you may question the amount of fine as penalty which may not be valid as under contract only actual losses can be claimed under liquidated damages. Normal wear and tear of blinds cannot be charged but if the wear and tear is beyond normal wear and tear then you will have to pay $280. The sublet fee of $500 cannot be charged because you have been evicted before the period of your lease was over. Further, you had given a 30 day notice for termination of lease and a week was left when you were evicted. You may also demand your deposit of $100.

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Old 10-23-2010, 05:18 PM   #3
sandyclaus
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Default re: Eviction: I had 2 cats and had not paid the cat deposit.

Quote:
Originally Posted by Unregistered View Post
I received a notice to vacate the premises in 3 days after they found out I had 2 cats and had not paid the cat deposit. I am a month to month lease. My lease says that if I am found with pets there is a 100 dollar plus 10 dollar per day fine which would have been 3 days so I figured it would have been 130 per cat. I was never offered a chance to pay this. I had already given a thirty day notice that i was moving and my lease was up in 1 week. I have now received a letter saying that I owe them the pet deposit of 250 per cat and they say that blinds were damaged for 280 dollars plus they want a sublet fee of 500 dollars because they evicted me. But the lease was paid and up in one week. They did not return my deposit of 100 either. Do I have to pay this and can they ruin my credit if I don't?

Please ignore AFFA's inaccurate and confusing response.

Let's see...

You had an agreement that you would not have pets unless you paid a pet deposit. If you were found to have pets without prior authorization or payment of said pet deposit, there was a fine of $100 plus $10 per day. You received a 3-day Cure or Quit Notice when the LL discovered that you had the 2 unauthorized cats.

So... on day one, two, or three of the Notice period, what efforts did you make to legitimize the cats living there? Did you ever offer to pay the specified pet deposit of $500, or the additional $100+10 fine that was now accruing at that point? Because that notice gave you those 3 days to CURE the lease violation. If you made no efforts or tendered the amounts due and owing per your lease to cure that violation during those 3 days, then you lost your opportunity to do so, and can now be held liable for any OTHER charges allowed by your lease for your violation. Your deposit is gone, to pay for the damages caused by your cats, and to cover unpaid fees that you accrued by having those cats, and there are remaining amounts still due.

As for the pet deposits, unless you are still living in the unit, those are unnecessary and unwarranted. A "deposit" only applies while you still live there and is intended to cover damages caused by those pets while you do - it's NOT rent that would have been due even after you moved. The LL CAN, however, charge you for damages over and above what your existing deposits covered. With the 2 unauthorized cats, one can only imagine the carpet damage from cat urine and other issues that were discovered only after you moved. And LL CAN assess a sublet fee if your lease specified it as well.

Bottom line, you chose to hide the existence of the pets from the LL, now you must pay for your decision. Either pay what you owe, or YES, it can go to collections, or you can be sued for the money - BOTH of which can go on your credit.
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