Legal Question in Landlord & Tenant Law in California

Can landlord hold my horse for collateral?

My landlord voided rental agrmnt and made new one along with a horse board agrmnt which states that if rent is paid late, she has the right to take my horse and hold it until rent is paid. The rental agreement lists the horse boarding as included in the rent. She will not accept the new rental agrmnt unless I sign seperate board agrmnt. I have lived here for about a year and havn't ever been late on rent. Landlord also terrorizes wife while husband is at work, (threats, yelling and even hit her once). The police were called. I really can't afford to move at this time, but the abuse by landlord and the threat of moving my horse is hard to live with. Please advise me on what steps I need to take to resolve this issue. Can a person really take a tenants pet and hold it ransom for late rent?


Asked on 11/02/05, 6:52 pm

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Can landlord hold my horse for collateral?

You are faced with a bizarre situation. Either you sign a new lease which includes an unconscionable term (and probably voidable), or proceed with the existing agreement which could subject you to a 30 or 60 days notice to quit. Don't even think about siging any lease with this landlord before showing it to an attorney. Good Luck.

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Answered on 11/03/05, 2:36 pm
Randy Schlosser Law Office of RM Schlosser

Re: Can landlord hold my horse for collateral?

You should consult an attorney and have him review the lease. Seek an attorney who specializes in real estate or landlord/tenant.

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Answered on 11/06/05, 12:52 am


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