Legal Question in Landlord & Tenant Law in California

Re: Enforcing agreement ''after the fact''

There may be a waiver issue. Also, everything depends on your rental agreement. Pleae set up an appointment and I can review your documentation, letters and provide consultation.

Re: Enforcing agreement ''after the fact''

Accepting rent with full knowledge of a breach constitutes a waiver of the landlord's right to enforce against that breach (absent an anti-waiver provision in the lease). If the lease is month-to-month, however, this is a moot defense, as the landlord can simply require you to form a new lease agreement (in which the term isn't waived) or give you notice to terminate your lease.

Re: Enforcing agreement ''after the fact''

Unfortunately, you should have insisted on the cat being written in as authorized under your lease. If the landlord has long known about the cat and said nothing, you may have a good defense that the landlord has consented to an oral modification or waiver of that term of your particular contract. Try sending him/her a letter saying that you believe he has by act and deed consented to a modification of your lease or waiver of that prohibition and that it is not reasonable for him to expect you to get rid of your cat or move after you have relied on his consent or acquiescence for so long. You could also suggest that if he is really only trying to get rid of rabbit guy, he could explore state and local health and other laws and ordinances relating to keeping wild animals as pets. This could be a narrower grounds to justify evicting rabbit guy or forcing him to get rid of his rabbit, rather than evicting long-time good tenants as collateral casualties

It is very possible here that he is only trying to make it look like he is now enforcing the policy to ward off the rabbit-tenant's similar defense. He may be only planning to go through the motions of seeming to evict others. If that's the case, rabbit guy will get his actual eviction notice far before you do. He may then just drop it after he gets rabbit guy out.

If you get notice at the same time or earlier, it may indicate he is serious about enforcing the policy. In that case, I would recommend that you look for a new place and be prepared to move if the defenses you raise are unsuccesfull. But, if you really want to stay put, you should at least try to fight the eviction on the grounds I suggested.

I would definitely recommend retaining an attorney at the earliest possible stage.

Re: Enforcing agreement ''after the fact''

By the way, if you are presently a month to month tenant, the landlord may change any terms or conditions of the lease upon 30 days written notice. If you are a month to month tenant and get such a written notice, it will become binding on you and you will have no defense to not either getting rid of the cat, or moving.