Legal Question in Landlord & Tenant Law in California

Landlord wants dog out...

Hi,

I'm currently living in North Hollywood, CA. I have a legal question relating to residential leases and pets. I signed a one-year lease on April 1 06. In our lease, there is NO no-pet clause, or anything that even says mentions pets. In May, we got a rescued miniature pincher who was fully trained and house broken. He weighs 9 pounds. Very quiet, doesn't bark, does not damage any property, and simply isn't a nuisance to anybody. There are several other dogs in our apartment complex as well (mind you I'm paying $3000/mo for a 3 bed). In July, the landlord decides she doesn't want dogs because there were complaints of feces in the courtyard (even though I knew it was the ally cats who I've been seeing around every morning). She tells us we need to get rid of him or we'll be evicted. I told her there's nothing in my lease keeping me from having this non-burdon dog. She told us she'd talk to the owner about it and get back to us shortly. Here it is October 10th, calls us yesterday and tells us that we're getting evicted because we still have the dog after she told us to get rid of it. We told her you never called us back for one, secondly, we can legally have this dog . Was I right, or can they evict us if we don't get him out?


Asked on 10/10/07, 4:52 pm

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Landlord wants dog out...

You are right. However, to make peace, you might offer a larger security deposit to the landlord for the extra mess dogs inevitably make.

$3,000/month for an apartment? What's this world coming to?!!

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Answered on 10/10/07, 5:04 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Landlord wants dog out...

You are correct, assuming it is not in the lease.

I am a bit confused. You talk about the landlord and the owner. They should always be one and the same. If I read you correctly, you may be mistaking a property manager for a landlord.

Based on your statements, you cannot be evicted. That doesn't mean they can't file an unlawful detainer (legalese for eviction).

I strongly suggest you retain an attorney to write a very strong letter to landlord/owner. Meanwhile, stand your ground and keep your pincher.

Please do not hesitate to e-mail, or call, my office if you need more.

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Answered on 10/10/07, 9:23 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Landlord wants dog out...

I agree with Mr. Bennett. You are in the right assuming the lease is silent on pets within the residence. However, as Mr. Bennett points out this does not preclude a landlord from filing an unlawful detainer action against you. Hire a lawyer to represent (write letter) to get these folks off your back.

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Answered on 10/10/07, 10:57 pm


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