Legal Question in Landlord & Tenant Law in California

I just got a small dog (shi tzu) weighing less than 6 lbs. My landlord saw it and is request an additional $50 per month for rent. I am in Los Angeles rent control area and my land lor has not changed the carpet, paint, broken shower glass door, balcony window locks, etc.

In the lease agreement its stated that an approval is required for a pet but it is not mentioned if or how much has to paid. 2 other tenants in the building have dogs as well.

My question; Can my landlord increase the rent by $50?

Best regards

Eddie Saf


Asked on 3/20/10, 1:14 pm

1 Answer from Attorneys
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Under the L.A. rent control laws, the landlord cannot raise rents more than the statutory amount, generally around 3-4% each year. The landlord cannot use your pet as an excuse to raising the rent.

However, if the lease agreement states that approval is required for a pet, then it is likely that the approval provision is enforceable. (There is always the possibility that the lease or any provision of it is unenforceable, but there is nothing in your question that gives rise to this conclusion.)

Accordingly, while your landlord may not be able to raise the rent, the landlord may be able to withhold approval and evict you, if you keep the dog at your apartment. So, even if you agree to pay the higher rent, the rent control law could prohibit it.

Yet another example of how rent control hurts tenants.

For information about the Los Angeles Rent Stabilization Ordinance, you might want to look at the following website: http://lahd.lacity.org/lahdinternet/RentStabilization/tabid/247/Default.aspx

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Answered on 3/25/10, 1:39 pm


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