Need to Break Lease Immediately

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tennislinda

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My jurisdiction is: California

I signed a one year lease on Feb. 26, 2009. The owner at the time the lease was signed sold the building a few weeks later. My lease stated $895 per month plus $100 per month for a one car garage. I paid an $895 security deposit plus first and last for the garage. There was an attached pet addendum also executed on Feb. 26, 2009 which clearly stated that I was allowed to have my 4 pets and each pet was listed and named on the pet addendum. I paid a $250 pet deposit for the pets.

The new owner gave notice to all tenants on June 11 that there would be an inspection of the interior of each unit on Saturday June 13 between 9:30 and noon. The purpose of the inspection was not stated. I was not home during the inspection. The following week I heard nothing from the property manager regarding the inspection of my unit. On Sunday June 21 about noon the property manager came to my unit unannounced and confronted me about several issues:

1. She said I needed to clean up the deck (I had a "Patio Potty" on the deck with dog grass for the dogs to do their business on.). She said the Patio Potty had to be removed. She was very angry, although I had not heard anything about this issue before and never received any written complaint or request to remedy the problem.
2. She screamed at me that "I had too many pets for the size of the unit" and per the lease agreement that had been transferred to her by the previous owner I was only allowed to have one pet.
3. She stated that I owed them rent for the parking space in front of my garage ($55 per month) which is not in my lease agreement.

Regarding item #1: I agreed to clean the deck and remove the patio potty within 24 hours.
Regarding item #2: I told her that I had an original copy of my lease agreement and the pet addendum allowing 4 pets which I attempted to show her. She turned her back to me and refused to look at the lease agreement that I had signed with the previous owner. She said "that's not what I have" and that she had something different that only allowed one pet. She also accused me of altering my lease to make it appear to allow the 4 pets. She said I had only paid a pet deposit for one pet ($250). When I attempted to explain to her the previous owner's policy on pet deposits (he charges $250 per room, not $250 per pet and I am leasing a studio) she stormed off and refused to listen.
Regarding item #3: I told her that the $55 for the parking space was not in my lease agreement and offered to show her my signed agreement but again she refused to look at my paperwork.

She returned the same evening at about 8:30 PM in a rage that I had not cleaned the patio yet and again accusing me of altering my lease and owing the $55 a month for the parking space. She even threatened to give me notice.

By 9AM the next day I had cleaned the deck and the patio potty was removed. I took photos and sent them to the property manager. I also e-mailed her a copy of my lease along with the pet addendum. I did not receive any acknowledgement from the property manager that she received the e-mail or that the clean-up was acceptable.

The result of my encounters with the property manager and her insistence that my lease allowing the 4 pets is not the "true" lease and that I created a fraudulent lease has made me extremely uneasy about continuing to live in this unit. According to the lease allegedly in possession of the property manager, I am only allowed one pet. Since I am in breach of contract with 4 pets, the owner could serve me a 3-day notice at any moment. It is extremely stressful living under these circumstances.

On June 30, I called the property manager to discuss breaking the lease. I suggested that since the owner does not seem to want me there with 4 pets, could I break with lease and move on. She said no and that the owner would enforce every penalty for breaking the lease to the letter (no security deposit returned and 2 months rent). On July 2 I submitted a written request to the property manager to get a copy of my lease (the one that she has on file).

I MUST BREAK THIS LEASE AS I CANNOT LIVE IN CONSTANT ANTICIPATION OF A POSSIBLE 3-DAY NOTICE BECAUSE OF THE NUMBER OF PETS. I CANNOT TOLERATE BEING CALLED A LIAR BY THIS PROPERTY MANAGER, WHO INSISTS THAT I ALTERED THE TERMS OF MY LEASE.

Any advice will be appreciated!:)
 
When a rental unit is sold, the current lease remains in effect until it's expiration date. Your current lease allows you four pets; your new landlord must abide by this agreement (at least until the lease expires).

On the other hand, if you break this lease, you run the risk of losing your security deposit and having to pay an additional two months rent. Which is worse; having to undergo this financial penalty or remaining in the unit following the original lease until it ends in February, 2010?

Gail
 
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