Legal Question in Real Estate Law in California
Eviction - pets
My husband & I live in an apartment complex. We got a letter from our leasing office about the pets in our apt. They have a 20 lbs limit on pets...we have a Dalmatian and a mini-poodle. Someone complained about the Dalmatian. We can either pay a security deposit to keep the poodle (but get rid of the Dal) or get rid of both pets within 10 days. Can we get evicted for this? If we do get evicted, are we still liable for the rent on the remainder of our lease (not due til December)?
2 Answers from Attorneys
Re: Eviction - pets
Does your lease agreement specify that there is a limit on the number or size of pets? If not, were the rules about the limit given to you before you signed the lease?
If the answer is "No" to both of these questions, they may not be entitled to evict you. They cannot change the terms of the lease agreement without your approval until the lease has expired.
Re: Eviction - pets
The landlord needs only to give you a 3 day notice to comply with the terms of the lease. It's nice to see the landlord show a little common sense and give you ten days. If you get evicted (through a process called a law suit for Unlawful Detainer) you could still be responsible for the rent to the end of your lease. However, most landlords re-rent the property after a short vacancy. The landlord has a duty to mitigate your damamges, and their damages. And you do also. So you can start by talking to the landlord about finding a new tenant. And moving when they find one.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
