Legal Question in Real Estate Law in California

Three day notice to perform conditions and/or covenants or quit

I rented an apartment in August 1999. Upon move-in, security deposit of $400.00 dollars was paid as well as 1st month's rent $440.00. Upon move in I did not have a pet and was told by the manager that there was a pet deposit provision if pets are aquired but that it is not uniformly enforced in the complex and I have personal knowledge of other tennants that have pets but have not been required to pay a pet deposit. I recently purchased a small dog and have now received a three day notice to perform conditions and/or covenants or quit. They are requiring an additional $400.00 deposit. 1) Am I obligated to pay the pet deposit if it is not enforced to everyone and 2) is the amount of pet deposit requested exorbant based on monthly rent of $450.00 which reflects a recent increase by the property owner/manager and 3) what does the clause on the three day notice "You are further notified that the owner/agent hereby elects to declare the forfeiture of your rental agreement/lease under which you hold posession of the above noted premises......


Asked on 5/11/00, 9:15 pm

1 Answer from Attorneys
Barry Jorgensen The Law Office of Barry S. Jorgensen

Re: Three day notice to perform conditions and/or covenants or quit

The answer to your question is that the Landlord can charge an additional deposit as long as the total amount of both depositd is no more than twice the rent for an unfurished apartment and three times the rent for a furnished apartment. The three day notice gives you three days to perform (pay the deposit) or the Landlord can "forfeit" the lease which means the lease wil be terminated and you can be evicted. You do have the right to try to negotiate a lower deposit. The outcome will depend on the rental market for your apartment and your tenant history. If the Landlord believes that you are a good tenant that cannot be eaily replaced, he or she may negotiate with you. Otherwise you'll have to pay or face eviction.

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Answered on 7/03/00, 10:50 pm


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