Legal Question in Real Estate Law in California

Dog, patio and leash requirements

I have lived in my apartment for one year now. When I moved in, there was no fence on my patio so i was told I could enclose it so as to be able to let me dogs out. I have since built a fence that is in the requirments of the apartment and for the past year things have been fine. Recently, I have been getting notices about leash laws and not leaving my dogs unattended outside ever(they are always leashed when they are out of the patio and on the grounds). From what I was told, my patio is part of my apartment. The dogs wear bark collars so there is no problem with noise they are smaller dogs cocker and weiner dog. I am worried that my apartment will try to kick me out (a neighbor with a similar set-up and only been here about 1 month got a final notice note about her dogs being out). Is there any legal standing to require me to keep my dogs in the apartment eventhough the patio is fenced and a part of my apartment?


Asked on 5/06/06, 1:51 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Dog, patio and leash requirements

There is a difference between "indoors vs. outdoors" and "part of my apartment vs. not part of my apartment." The patio is part of your apartment, but it is also outdoors.

If the local leash laws apply to dogs that are outdoors (or outside) they would apply to dogs on an apartment patio.

Your lease probably requires you to "obey all laws," and if so failure to comply with the leash law could be a ground for early termination of your lease.

You should probably get a copy of the local leash law so you'll know what constitutes compliance. Maybe your current practice complies, maybe not. Be careful; these warnings may be setting you up for a termination notice.

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Answered on 5/06/06, 11:38 am


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