Legal Question in Landlord & Tenant Law in California

1) I have rented unit for 17 months.

2) Lease has no pet clause (incurrable per lease)

3) Had the dog at move in. Owner lives locally and has been to the house on SEVERAL occassions and has allowed dog to stay for 17 months.

4) Lease states " No smoking within 15 feet of residence." currable with 15 days written notice."

Admitted violation. Had a verbal discussion with owner regarding cigarette butts.

Attempt to clear area around residence of butts.

7 days landlord comes to property at mutally agreed upon to inspect inside of unit. Requested to leave written notice of repairs. No notice left. Following night at 6pm received call from landlord harshly telling me that I'm not living up to my agreements, that the electric bill was high, demanding explanation and arguing that I'm disrespecting her.

I draft a letter notifying her of any issues I feel that I am responsible for, assuring her of my intent to correct minor repairs as well as any curable default in addition to my disagreement with the way the situation was handled.

My emailed response is a 60 day notice to vacate.

The reason she used was the dog that she has allowed to reside there since conception of the lease, allowing the violation to continue.

The smoking is a curable violation per the lease requiring a written notice and 15 days to cure. I was not given a written notice or even allowed the 15 days notice to cure the default. I have section 8. The requirements are that unless it is a mutual rescission of the lease, that there must be a cause for termination.

She is only now using the dog because she has no other grounds to terminate my tenancy. Can she do this?


Asked on 9/28/10, 9:22 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

I am sorry, however, it would be completely irresponsible to attempt to provide an opinion on this without reviewing the lease agreement. You need to review this with an attorney, as leases vary so dramatically from one form to another that it is impossible to render an opinion without seeing it. To further complicate matters, you need to have the section 8 agreement reviewed as well. Also, be aware that an emailed 60 day notice does not technically comply with the requirement that it be in writing. I think, however, you know the answer to the dog issue - if your lease provides that you may not have a dog, the fact that it has been there without a prior termination of your lease is only mildly relevant. You might be able to argue that she has waived her right to enforce that provision, but she's going to claim in court that you never told her you had a dog, and as such, she did not waive any rights.

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Answered on 10/04/10, 3:40 pm


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