Legal Question in Landlord & Tenant Law in California

rent refusal

My apartment is under new ownership. They request only one pet, I have three. The new manager told me to give a thirty day notice to her if I could not comply. I indicated that I would rather not because I did not want any problems if I decided to get rid of two of my pets instead of moving. She said there would be no problems. Now that I have inidicated that I can not move due to my finacial situation she is refusing to take my rent and possibly giving me an eviction notice. In the notice to vacate I even placed the word maybe moving underlined so that there was that indication that I may not be able to move. I live with two disabled adults on fixed incomes and I only work part time, we can not afford the fund to move, not to hire an attorney. I hope that someone can help me with this problem. Thankyou for your time.


Asked on 5/15/04, 6:40 pm

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: rent refusal

Did you have a lease or a rental agreement stating that you were allowed more than one pet? If so, you might have a basis to defeat them in an eviction proceeding. Furthermore, you may be able to show that they are evicting you for a retaliatory purpose.

Unfortunately, unless you are in a rent control area, the fact that you are financially strained is not a basis that will prohibit someone from terminating your tenancy.

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Answered on 5/16/04, 4:08 pm


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