Legal Question in Landlord & Tenant Law in California

Unfair pet policy

I have lived in my apartment for 6 months and have a

one year lease. I love my apartment but it doesn't

allow dogs and I have wanted a dog for years. The

landlord recently rented the apartment next door to a

lady with a small dog that is the exact same size of

the dog I want. When I asked if I could now get a dog

he said no and that the only reason she could have one

is that her husband recently died and he felt bad for

her. I feel bad for the lady too but I think it is

extremly unfair to allow one tenant to have a dog and

not another. I have lived here 6 months longer than

her and have never had any problems with anyone. I am

a model tenant and want to know if it is legal for the

landlord to have different policies for different

tenants in identical apartments.

Thank you,

Puppiless and sad


Asked on 9/10/06, 10:29 pm

1 Answer from Attorneys

J. Spikes Property Law Center

Re: Unfair pet policy

It is not illegal for a landlord to have different policies for different apartments, as long as the differences are not based on arbitrary or discriminatory reasons. It might be based on the contractual terms of the lease, the market when a particular tenant moved in, the rent they pay or any other terms they were able to negotiate.

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Answered on 9/11/06, 3:53 am


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