Legal Question in Real Estate Law in California
Hi, I had a discussion with a friend that�s a landlord he told me that I could sue the landlord to break the lease and relocation cost because when we move in here there were no dogs allowed and now their allowing dogs and they did not send any notices informing the existing tenants that they were going to start allowing pets. The urine smell is unbearable and causing me to feel sick on top of drifting smoke.
Can I sue under these grounds?
1 Answer from Attorneys
Check your lease to see if there is a provision that the landlord will not allow dogs. If so, the landlord would have breached the lease. Such a provision is rare, however, but that doesn't mean you are out of luck. In every lease there is an implied warranty of habitability, which means that the premises will be fit for living. If the landlord's allowing dogs has interfered with your ability to peacefully live there, you have options. You may be able to sue for damages. You may be able to break your lease and sue for the cost of moving and increased rent in a new (roughly equivalent) building. And, there are other options. The key to landlord-tenant disputes is that the law makes them quick to resolve, but each party must follow the correct procedure. I suggest that you check with an attorney. There are also self-help sources, such as the court's website, www.lacourt.org and the California Dept. of Consumer affairs, at http://www.dca.ca.gov/publications/landlordbook/index.shtml.