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needingadvice

Pet addendum

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Hi... I am having an issue in regards to a pet addendum. It is on my lease agreement that any cats in the apartment must be neutered. Unfortunately, I never took or read a signed copy of my lease in full and had not abided. The cats did spray and there is some damage to the floorboards that need to be replaced. I spoke with apartment management upon cleaning and having another inspection and they told me that I had to get the cats neutered and then we would replace the floorboards to fix the issue. I put through the applications for the procedure within 3 business days and followed up with management that I was just waiting for the facility to get back to me with the date of the surgery. I was told to let them know of the dates. I received a call later in the day saying that the owners had decided that they were not going to take a chance of it happening again and they were giving me 7 days to remove the cats.

I read the agreement and it states that the landlord may revoke permission to keep said pet by giving resident a written 30 day notice. The lease break agreement says that I can break it with a 60 day written notice and paying 25% of what is left on the lease.

My question is this... can I take the 30 day notice to remove the cats and then rightfully at the end of that time frame let them know that I have not found a home for them and give them a 60 day notice for me to find a new place to move. This will give me time to minimize my extra out of pocket and to get the paperwork done to try and buy a home. Is this within my rights under Florida law?

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First your post indicates that you're willing to get the cats neutered, and then you skip to a part about early termination of the lease. What happened in between? Just curious.

They're free to issue you a 7-day notice to cure condition or quit (feel free to ignore them unless you receive a proper written notice). This wouldn't seem to rise to the level of a situation where a court would agree that a 7-day simple termination notice would be proper.

"I read the agreement and it states that the landlord may revoke permission to keep said pet by giving resident a written 30 day notice."

The operative word, perhaps, being "may"; under the law, if you materially breach the contract in terms of a rule, etc., the landlord's free to issue you a notice to cure the condition or quit.

"... can I take the 30 day notice to remove the cats and then rightfully at the end of that time frame let them know that I have not found a home for them and give them a 60 day notice for me to find a new place to move."

Not sure what you mean by "take the 30 day notice", but you're free to try anything you like. But they're within their rights to issue a proper written notice to cure condition (remove the cats) or quit. If you don't by the end of that time after receiving the notice, then they're free to file an unlawful detainer action against you. Can't know from here whether they will.

"Is this within my rights under Florida law?"

What matters is what your contract says; nothing in FL law will prevent you from exercising options under the lease.

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Hi Fallen... I skipped to the early termination part because I am trying to find a way not to give up the cats. I am getting the cats neutered as they requested and then they decided to revoke the permission to keep them. They told me I had 7 days to do so, as you stated, and then said they would have to check with corporate when I pointed out to them that the agreement says 30 days in that situation. When the letter states "cure or quit" then I am assuming I am in default if I have not removed the cats? Would I then be able to legally exercise the 60 day notice to move or could they exercise an option to move me more quickly even though I have cured the original situation which is having them neutered? I have 6 months left on the lease now and must pay 25% of the remainder if I terminate early. I have nowhere to take the cats and don't want to take them to a shelter... I think the management is being unreasonable.

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They cannot revoke permission to keep them. If you get the cats neutered, then you've cured the problem.

"When the letter states "cure or quit" then I am assuming I am in default if I have not removed the cats?"

Yes.

"Would I then be able to legally exercise the 60 day notice to move or could they exercise an option to move me more quickly even though I have cured the original situation which is having them neutered?"

As I already pointed out, if you don't do what is asked within the notice to cure condition or quit (assuming they have a legit issue, which it sounds like they do ... until you get the cats fixed), then the landlord can file an unlawful detainer/eviction action against you. Again, can't know whether the landlord will pursue.

I don't get why you do not simply have the cats stay elsewhere until they are fixed (and let the landlord know you will be doing this).

"I have nowhere to take the cats and don't want to take them to a shelter..."

I'm sorry, but virtually any vet clinic would house your cats until they were fixed, and there are oodles of petsitting/pet hotel services in the world.

"I think the management is being unreasonable."

So do I.

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