Legal Question in Real Estate Law in California

Re: Dog (Pet) in Violation of Lease

You option is to await for your landlord to complete the "legal" action. It is your landlord who must evict the tenants for violation of the lease. You may have available remedies for yourself if the dog is causing so much disturbance that it is affecting your quiet enjoyment of the premises.

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Re: Dog (Pet) in Violation of Lease

I agree with the previous response. A lease is a contract between the landlord and the tenant, not a compact between tenants. It is possible that a court would find that other tenants (such as yourself) are intended third-party beneficiaries of the dog-weight limitation in the offending co-tenant's lease, but asserting that theory in court would be time-consuming and expensive in comparison with the landlord's quick and cheap eviction-through-unlawful detainer remedy, and not recommended.

Re: Dog (Pet) in Violation of Lease

you may have legal remedies available to you as an intended third party beneficiary in which the clause in the lease was "directly" for the benefit of the other tenants, in which you are on. you could assert specific performance of this lease term as a third party beneficiary or you could sue under a tortious theory known as "nuisance" if the dog is detrimentally affecting your quiet use and enjoyment of your premises as a tenant. thus, if you do not want to necessarily wait on your landlord's unlawful detainer remedies, these would be your strongest causes of action available to you and the other tenants affected by this "oversized" dog. if you would like additional legal assistance in this matter, feel free to email my office today with more details. at any rate, we wish you the best and hope you get justice in this matter asap.

Re: Dog (Pet) in Violation of Lease

Call animal control, the health department, and code enforcement and report, as you describe it, the large quantity of fecal matter on the ground. Keep calling until you find someone who will take action. Leaving the fecal matter on the ground creates a health hazard. Either the tenant or the landlord will have to clean it up. Either way the dog will probably go.