Legal Question in Landlord & Tenant Law in California

My apartment complex allows dogs. Six months ago however they put a weight limit of 40 lbs into effect. Since then new tenants, and existing tenants have been allowed to get dogs that far exceed this weight limit. We were told we could not get a lab mix, which is an allowed breed because he exceeds the weight limits. We are good tenants so this is not the issue. Is this allowed?


Asked on 1/07/10, 8:27 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

If they establish a rule they must follow that rule. If you can prove to them that they have allowed numerous breaches of the rule then you can agrue there is no rule, you should not be penalized because you asked them first and the others just acted without any notification, the rule appears no longer in effect, the purpose of the rule will not be effected by allowing one more greater than 40 pound dog, etc. I would not speak to a lower level apt repreentative who will feel they can not violate the rules [unless you know one who wil in fact do that] go to the manager instead.

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Answered on 1/12/10, 9:12 am


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