Legal Question in Real Estate Law in California

3 Day Notice for pet

Reside in apartment in So. California since 11/98. In 10/99 obtained cat (even though lease said no pets) since there were other pets by other tenents. The resident manager saw the cat - advised us of the policy - I informed her of the other tenents and their pets. She said she would check to see if there would be a need for additional deposit. Until yesterday, this has not been done.

However, today, two years later, we were served a three day notice for having our cat. What is ironic, I have recently complained that they had a leaking sewer pipe leaking waste and damaging the paint to our vehicle. We have been seeking repairs for this.

We have responded to the management company challenging this. I can understand if we had just got the cat but it has been two years.

I had told them that the manager knew of the cat and that she was to get back with us. The fact that she has not responded gives me the understanding that a verbal agreement to have the cat was made.

Do I have a leg to stand on?

Thanks,


Asked on 9/08/01, 8:44 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: 3 Day Notice for pet

This smells like wrongful eviction and you may be able to make a case. The practical problem is the economics of the matter (legal fees vs. potential recovery), and how much hassle you want to endure. I suggest you look for a tenants' rights organization in your community to see what kind of fee arrangement might be possible and whether they think punitive damages or attorneys fees could be included in a damage award. You might want to look up and read Civil Code section 1942.5, especially subpart (f) regarding remedies and penalties.

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Answered on 10/25/01, 6:59 pm


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