Legal Question in Landlord & Tenant Law in California

Pet Question

Six months ago, my husband and I rented an apartment. The complex allows cats. We had told the Assistant Manager that we had three cats. We left the extra $500 pet deposit and moved in. A few days ago, the maintenance guy came in and informed the Manager that we had three cats. She then called us and said that we were only allowed to have two cats and not three. I informed her that we disclosed that information before we moved in, six months ago. We are under a 1 year lease that we just signed last month. We read over our lease from six months ago and the most recent one and nowhere in there does it state that we are only allowed to have two cats and not three. It only states that, upon approval and leaving a pet deposit, we are able to have cats. No number of cats is specified. We didn't even sign a Pet Agreement, but it is acknowledged that we do have cats.

We have only received a verbal notice from the apartment manager in regards to getting rid of one cat. We even offered to leave an extra deposit for the cat. She won't agree upon it.

My question: Can they evict us even though it doesn't state anywhere in the contract that there is a 2 cat limit?


Asked on 7/16/03, 1:34 am

1 Answer from Attorneys

Re: Pet Question

No, they can't evict you during the term of your lease. But when the lease expires they can change the terms and prohibit more than two cats.

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Answered on 7/16/03, 1:43 pm


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