Legal Question in Landlord & Tenant Law in California

I just rented a condo in Cathedral City, CA, from the unit owner. Before signing the lease, he gave me a copy of the CC&R's dated 2006. After I moved in, I was informed that I had to pay a $300.00 Pet Deposit (no interest paid) to be used against fines if I did not pick up after my 14 year old dog. Cat owners are not required to pay this deposit. Then he tells me that I was seen walking two large dogs. I have one dog that weights less than 25 pounds that the landlord saw and approved before I signed the lease. I "puppy sit" a friends 122 year old Labrador Retriever when he is out of town on business, for which he pays me $20.00. I checked the CC&R section on pets, and there is a restriction to two pets per unit. There are several dogs on property that are as large as the dog I puppy sit, and larger that my dog. When I questioned my landlord, he told me that there was a set of CC&R's in force that he failed to tell me about. Can I fight the HOA over this? I am unemployed and currently undergoing radiation treatment for Stage IV Prostate Cancer. My rent is paid by the Riverside County Housing Authority HOPWA Program. My live-in care giver is employed part-time and recieves Social Security benefits.


Asked on 4/27/11, 12:35 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You can not fight the HOA as they did not do anything wrong; it is the landlord's responsibility to notify you of any applicable restrictions. The landlord mislead you as to the pet deposit; if you would not have signed the lease had you know of he deposit you should tel him and see if he will pick up all or most of the deposit. You have the weakness in your argument that you did not tell him of the second dog and the CC&Rs;probably ban commercial activity.

Read more
Answered on 4/27/11, 12:59 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California