evicted cuz of dog and security deposit question

[underrated831]

What is the name of your state? california


alright heres a the deal i am located in san diego, california. i am a college student and i work, i did not have enough time to find a place that allows dogs. so i moved into a house with my 3 other roomates while i hid the dog from the landlord. they found out about the dog and now they gave me my 30 day eviction notice. they said im NOT getting my security deposit back which equaled to first months rent. AND they want me to replace the carpet, but my dog is trained and there is NOTHING wrong with the carpet.



my question is are they legally allowed to take my security deposit away from me just because we're getting evicted? even though there isnt any damages to the house

and are they allowed to make me replace the whole carpet in the house whne theres nothing wrong with it?

thank you

-andy

 

[Duranie]

Yes they can evict you, no they cannot automatically make you pay for new carpet. Can they prove it was damaged? I am not well versed on Landlord/tenant law but as a landlord, he has to give you your deposit back within a period of time, or itemize a full list of damages. He has to prove the damage was caused by you.

So if he does not return your deposit, you can sue him in small claims court.

 

[underrated831]

i found my lease it says:

28. breach of contract; early termination: in addition to any obligations established by paragraph 27, in the event of termination by tenant prior to completion of the original term of the agreement, tenant shall also be responsible for lost rent, rental comissions, advertising expenses and painting costs necessary to ready premises for re-rental. landlord may withold any such amounts from tenants security deposit.