Pet Agreement – Lease verbage in question
My apartment lease agreement states under Section5: Lessee’s covenants and warranties relating to quiet conduct, waste, animals and nuisance, termination on breach, notice to quit – c. Pet Agreement: ”Lessee acknowledges that Lessee is not allowed to have any pets on said premises and any time. If pets are found on said premises or on the property, Lessee will be responsible for any damages to unit and also will be charged a fee in the amount of Twenty-five dollars ($25) for flea spray.”
We recently were given a 65 gallon fish tank and our landlord was in our apartment doing a repair while we were home and said we needed to give a $250 deposit to keep the fish tank. The next day he issued us a ”Notice to perform covenant or surrender possesion – code of civil procedure 1161” stating our breach was ”Section 5:c – fish tank need $250 deposit per Patrick” (landlord). Do we legally have to pay the deposit? Is this according to what our lease states? As of today (7/20) he told us that we have until Monday (7/22) morning to pay the $250 or he will give us an eviction notice effective Monday at 1:00pm.
I need legal advice fast. Thank you.