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I moved from out of town to and rented in an over 55

I moved from out...

I moved from out of town to Morgan Hill and rented in an over 55 community. I listed my dog on the contract and explained she was medium sized. After living there 1.5 weeks the prop manager asked for a letter from my vet stating she was under 35 lbs. Well, she's 55 so I couldn't and told him I would have to leave. He thinks I owe him money for lost rent but I think he owes me partial rent from Dec 20-Jan4 PLUS the additional $800 it cost me to move again PLUS the $2200 security deposit. BTW, he cashed that when he promised he wouldn't by changing the date on the check (I have a copy to prove fraud). What are my options please? This just seems so wrong.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

CA

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

I don't know that matters. I left the place in perfect condition - better than when I got it. He is in the middle of tearing apart the kitchen, which I said I could live with. Neighbors will testify to that.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He says I should have known about the HOA but he hadn't sent me the docs (he thought he did but he checked and agreed he hadn't). But he says I could have looked the HOA up. The HOA says I can't have a larger dog

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Answered in 27 minutes by:
1/17/2018
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 124,176
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

If you disclosed the dog to them prior to moving in and they did not inform you that 35 pounds were the limits before you signed the lease, then THEY ARE IN BREACH OF LEASE and as such you have the right to sue them for breach of lease and seek damages, INCLUDING the cost of moving. Had they informed you upon signing the dog size limit was 35 pounds, you would not have entered into the lease and would not have suffered the damage you suffered.

So, yes, you are correct in pursuing them for breach of lease over this.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 124,176
Experience: Attorney with over 24 years experience.
Verified
Law Educator, Esq. and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 4 months ago
What are my next steps? Small claims court? I don't really know what to do.

Thank you for your reply.

Yes, you can sue in small claims court for breach of contract, as the small claims limit is $10,000. So, yes, you need to go to small claims, they will give you the small claims complaint form and summons, which you fill out and have served on the landlord/management company and the case will be set for court.

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Customer reply replied 4 months ago
Excellent! Thank you so much! I'm glad I'm not crazy to think this is just wrong of him. By the way, he said the lady before (lived there 14 years) got to old and feeble and moved in with her daughter. Well that lady stopped by as I was moving out and she looked great. She had to move because he raised her rent $900 / month without warning! What a sleeze. He said this wouldn't be small claims court but Supreme Court (trying to scare me). I really appreciate your help!

Thank you for your reply.

By the mere fact he said "Supreme Court" and not "Superior Court" you can tell his ignorance of the law and that he is trying to intimidate you. This is a small claims case. If he wants to try to move it to Superior Court, then he can do so and force you to fight breach of contract in Superior Court, but the case is still the same, he breached the contract by not telling you about the dog pound limit prior to signing the lease.

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Customer reply replied 4 months ago
Fast question: I moved to San Jose, 25 miles north. Can I file in San Jose or should I file in Morgan Hill?

Thank you for your reply.

You have to file in Morgan Hill, where the property is located.

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Law Educator, Esq., Attorney
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