Legal Question in Landlord & Tenant Law in California

pets for no-pets-allowed lease

i found out my tenants just got 2 puppies...and their lease says no pets. what can i do?


Asked on 12/29/08, 11:46 am

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: pets for no-pets-allowed lease

It is not clear from your post whether the leased premises are in CA or in MA. I will answer your question assuming that the leased premises are located in MA.

Legally, the tenant is in breach of the lease agreement, and you are entitled to evict.

As a practical business matter, you should speak with an attorney who can evaluate your risk of liability should you choose to bring an eviction action in court.

Assuming that you are willing to live with the dogs, and the tenants are good and paying tenants, you might just want to suck it up and finish out the term of the lease with them.

You might also consider negotiating a higher rent payment with the tenants in exchange for permission to keep the animals on the premises. You should consider the size and breed of the animals, the value of any carpet or outdoor shrubs/garden, and weigh this as the business decision that it is.

If I can be of any assistance in dealing with this matter, or any other of your landlord-tenant matters, please do not hesitate to contact my office.

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Answered on 12/29/08, 12:10 pm


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