Legal Question in Real Estate Law in California

Re: Another dog

Did the tenant have written consent for the prior dog? If so, what that consent form says is pretty important....if it says Tenant can have a dog, that includes replacement dogs, in my opinion. If it says Tenant can have the black Lab named Shep, that consent is specific to that dog and doesn't open the door for a replacement.

If the Tenant was allowed to have a dog and the no-dog provision of the lease was ignored, i.e. no written permission was demanded and none given, a court could hold that the Landlord has effectively waived its right to enforce the no-dog provision with respect to this tenant. This is not a prediction that the Landlord won't win it is only a suggestion that the Tenant might.