Legal Question in Landlord & Tenant Law in California
I have been given a notice to comply or quit at my residence if I do not get rid of my small reptiles which are two 9 month old Iguanas. The management company have a two pet policy and the following pets are allowed: hamsters, birds, fish in which all must be caged or living in tanks. Now my Iguanas live in a 10 gallon tank. My lease states a no pet policy, however, last summer in 2009 the manager stated to us that we can have small animals. What can I do to contest this notice?
2 Answers from Attorneys
Immediately contact management and point out that you are willing to follow the rules but you feel you are doing that. The purpose of the rules is that only small living things tha stay indoor in an enclosure so as not to make the unit dirty and which do not make much in the way of noise are the only creatures allowed. Your pets make no noise and meet all the purposes of the rules; they would not even know you had them unless you told them. The three types of creatures permitted are the three basis categories--mammal, "bird", fish-- beyond insects. Reptiles are simply part of the evolutionary link between fish and humans. Try to be hmerous, non-aggressive, but firm in speaking with management and if they agree with you get it in writing.
Shers makes a very . . . um . . . creative argument, but the fact of the matter is your lease says no pets, none, zero, zip. Apparently management makes a conditional waiver of that provision for one specific species of mammal, birds and fish, not guinea pigs, not mice, not pet rats, or any other caged or tanked animal not on the list. That means no iguanas. If you want to live in property that belongs to someone else, and you agree to terms to live by, you need to live up to them. That means finding your iguanas a new home, or a new home for all of you. You can try to get management to make an exception, and if I were making the decision I would allow them, but I'm not, and if they want to stick to the law they win.