Legal Question in Real Estate Law in California

Breach of Verbal Agreement for Animals

We rent a duplex from a friend property and signed a lease with her. In Line item #14, is states ''Animals. Lessee shale keep no domestic or other animals on or about the leased premises without the written consent of Lessor.'' We phoned the Lessor (in Atlanta) and verbally asked if we could obtain a dog and then send us a letter to confirm. The Lessor stated ''it doesn't matter to me, go ahead and get a dog''. The Lessor then turned the property over to a Property Mgmt company and she contacted us stating that this company may ask us for a deposit for the dog. Now that the owner has returned to California and needs a place to stay, the friend has informed the property mgmt company that the home insurance company has sent a letter of cancellation to her based on the type of dog we own and either she must have us remove the dog or lose coverage. We contacted the same insurance provider, and they have confirmed that they do not provisions of their policy stating that they will cancel your insurance based on the type of dog owned. Can this be done?


Asked on 10/25/02, 3:23 am

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

Re: Breach of Verbal Agreement for Animals

The insurance cancellation claims sound like malarkey, but you have a problem with your lack of written permission for the dog. It's hard to say how this would come out in court, but your position is a bit weak and your best bet is to try to negotiate for an acceptable deposit or some other accommodation.

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Answered on 10/25/02, 11:59 am


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