Legal Question in Real Estate Law in California
eviction notice
4-02 I lost my job,since then having some depression prob.So I got a small dog.He NEVER barked or was seen by any other tenant!I've lived here 9yrs & added an adendum to my 1yr contract(since then m2m). The LL is req 24hr notice B4 entering.12-22 during a rainstorm @ 10am,LL saw my bedroom window open(my car in front of my garage).�said�she called(my phone was temp susp),banged on gate,rang doorbell screaming my name(20�from my window!). She & the maint guy jumped my gate(I lock it from the inside when home)unlocked the gate, the front door & entered my condo.She walked all over(puddles in kitchen & carpet up to my bedroom door where she stood for several minutes!Peeking thru the 2� crack she saw the dog.I was petrified it was a robber until(downstairs by then)she yelled to come down immed! On 12-24 a plain white envelope w/ a lawyers name,phone was taped to my door.A nondiscript 60 days eviction ltr, he is on vac thru 1-6.I called the LL she knew nothing about it? We are not allowed to have ANY animals,but I know other tenants that do & over the years I offered to triple my $1000 dep for a small dog(under 20lbs)w/o luck. I since gave the dog to a friend & he has not been back!Is there anything you can tell me that could help?
2 Answers from Attorneys
Re: eviction notice
You need more help than general advice over the internet. If you cannot afford a lawyer, you should consult a fair housing organization such as Project Sentinel.
If your depression qualifies as a disability, you may be entitled to keep the dog as a reasonable accommodation under the fair housing laws. This depends on many factors, and you need expert help.
The landlord's entry into your unit may or may not have been justified depending on whether an open window in a rainstorm when you cannot be contacted qualifies as an emergency. I think this situation is less of a problem than the eviction notice.
If possible, talk to a fair housing group before the landlord's lawyer returns and see if you have grounds to request the notice be cancelled.
Re: eviction notice
Something is wrong with your relationship with this landlord if, as you say, the dog's presence was unoffensive and others are getting away with dogs under the same no-pet lease provision.
I think your best chance of avoiding eviction is to have a frank, businesslike discussion with the landlord to find out what the REAL problem is, and to see if there is a way to correct it.
If the dog is gone, you are paying rent on time, and otherwise a good tenant, there is no logical reason for the landlord to continue with the eviction and re-renting process.
You need to identify the real problem and get it handled.
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