Legal Question in Real Estate Law in California
can i get another dog?
i moved into my apartment 4 1/2 years ago with my dog, who is named on the lease. the owners no longer rent to people with dogs and i was the last remaining dog owner. they still rent to people with cats and i know for a fact that people have moved in then gotten cats who were never added to the lease, nor did they get permission from the owners. and yes, the owners are aware of the new cats. my question is, my dog passed away 7 weeks ago and it's my understanding that i am not allowed to get another dog. my lease reverted to month to month and under pets it states ''one dog - alix'' and that's all. i have been given two (i think) perform or quit notices for temporarily having an other dog for which i was looking for homes for. is this legal for the the owners to do, not allowing me to get another dog? or doesn't it matter because they only have to give me a 30 days notice on my now month to month lease?
thank you.
2 Answers from Attorneys
Re: can i get another dog?
Yes, it's legal. You can be evicted for breach of covenant if get another dog without the landlord's consent. Get it in writing.
Re: can i get another dog?
It is legal to change the terms of your month-to-month lease with 30 days' notice, which appears to have happened here. The 3-day notice is also legal, as you are in breach of the lease by having the new dog.
If you want to keep the apartment and have a dog there, you'll have to negotiate this with your landlord and put the result in writing. Keep in mind they don't have to allow the dog, so you'll likely have to offer something in return, like a higher security deposit.
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