Hello,

I have 2 questions regarding breaking a 14 month lease with 8 month left on it.

#1 I have 2 small dogs who are welcome in my community and acceptable per my lease. I pay a $50 extra rental charge for them. When I was searching for my apartment I was walked around the community and told that dogs were welcome on the grass areas and in fact they were putting in pet stations near them. Grass access is important as I live in the desert and with the summer temps reaching over 110 + the pavement gets to hot for my dogs to walk on. My lease had very clear pet policies and they do not include pets not being allowed on the grass. A fees months after moving in, I received a notice that Pets were no longer able to be on the grass due to the cost to maintan the yellow spots. When I questioned the manager and indicated that I was paying extra for my dogs to live there she indicated that the $50 per month I was paying is actually a pet deposit. Hmmm my lease does not indicate that. At any rate would I be able to break my lease under this circumstance?

#2 I was given a rent concession of 2 months free rent when I moved in. It actually reduced my monthly rent amount. In my lease it indicates that if I break the lease I would need to repay that amount. I was told by an attorney that this indicates that it is really not a lease that it is a month to month as they can not have a 14 month lease term, offer free rent and them make me pay it back if I did. It has something to do with it being a illegal attempt to get around the nonrefundable deposit laws in CA. Is this true?

Thanks

On point #1. If the lease specifies that pets are allowed and have the run of grassy areas, then they cannot change that mid lease. Whether they call it a pet deposit or pet surcharge or whatever is immaterial. They would have to wait until your lease expires to effect that change.

On point #2. I don't follow the attorney's reasoning. To me, it looks like they were giving you a bonus (bribe) to sign a 14 month lease. Its just like a cellphone contract. You get a free phone to sign a 2 yr contract. If you cancel the contract early, you have to pay for the phone.

Yes, if the lease says you get use of grass areas, they have to allow it, if they lease says they are not allowed, then they are free to inforce this.

And a lease is a lease, written for a specific time frame, the clause to pay back if you break it, is not permission to break the lease, but an additional peanlity besides the other penalties you will have

But if this attorney will represent you in court for free unless he wins, go for it,

I just broke a lease due to a job relocation and yes, they are within their means to require you to pay the concession fee back at the end of your lease. The $50 sounds like "pet rent." Sadly, this is what a lot of communities charge to have pets. I wouldn't think that restricting animals on grass would be a viable option to break your lease. Unless it specifically states that animals will be allowed on all grassy areas in your lease, it is their choice to maintain the "beauty" of your community.

I'm not following the attorney's reasoning either, but hey, if you want to pay him to represent you in court, I guess that is your prerogative! I had to give 60 days notice, pay the break contract fee (equal to one month's rent), plus any concession (price knocked off market price), and prorated any days left in the apartment from the beginning of the month. Its steep, but its all a part of signing a lease.

Hope you're able to get around it! I wasn't, but good luck to you! :)

On point #1. If the lease specifies that pets are allowed and have the run of grassy areas, then they cannot change that mid lease. Whether they call it a pet deposit or pet surcharge or whatever is immaterial. They would have to wait until your lease expires to effect that change.

I thought that apartment complexes could make changes like this, as long as it doesn't discriminate against any protected group. For example, if you moved into a complex with a pool that was open until 10pm at night, and they decided they wanted to change the closing time to 8pm, couldn't they do that? Or decide to close it entirely? The apartment complex isn't saying that they can't have pets, just changing where the pets are allowed to be. (And, of course, the next question is what do they do to you if you actually let your dog walk on the grass after they forbid it?)

The problem I can see with trying to do it per individual lease is that you'd be discriminating against people based solely on when they moved into the complex. And it would make enforcement a nightmare.

I thought that apartment complexes could make changes like this, as long as it doesn't discriminate against any protected group.

No, they can't change a lease. Yes it would be an enforcement nightmare which is why they should have a standard lease. But if they put in one person's lease that the pool would be open to 8:00PM then they have to leave it open until 8. Then can't change the provisions of a lease without both parties agreeing.

Ok then... I will point out that the grass access doesn't actually seem to be in the lease, from what Ps wrote. She pays 50/month in pet rent, which is in the lease, but the grass was mentioned "while walking around". She says that there are pet policies in the lease, and that it doesn't mention them not being allowed on the grass, but she doesn't say that it specifically allows them to be on the grass, either. So, assuming that the lease is silent on the matter, which is what I would expect, then would it be legal to add the restriction later?

And, of course, this also gets into what is actually considered the lease and what's not. If, for example, you fill out a lease, and then are given a document listing the hours that the pool and rec room are open, proper behavior while using them, and the guest policy, is that part of the lease or not?

If its not in the lease then it could be changed. And a sheet of instructions about common area usage would not be considered part of the lease.