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
1 Answer from Attorneys
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.