Legal Question in Real Estate Law in California

Forced removal of pet or eviction

My townhouse complex recently was bought by new owners. I've been renting for 7 years and have had a cat for 6. The new owners have informed me that I must get rid of my cat or move. My cat is an indoor cat. There is nothing in my original lease indicating no pets. Can the new owners demand that I get rid of my cat or move? My 10-year old son would be devestated at the loss of his pet.


Asked on 4/09/02, 2:52 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Forced removal of pet or eviction

This is really a tough position you've been placed in, and quite unfair in my opinion.

Your rights will be determined by, and pretty much limited to, those given you by your lease or rental agreement.

If you're month-to-month, the owners can terminate your tenancy by giving the usual 30-day notice. While an arbitrary termination for an improper reason such as race, religion, age, etc. might be unlawful, I do not know of any case law holding that ownership of a pet is a ground to call a rental termination unlawful.

If you have a term lease, e.g. for a year, and the lease is silent on the question of cats (or pets in general), the new owner cannot unilaterally amend the lease terms to add such a restriction, and you're OK for the remainder of the lease term.

I think your best shot is to try to negotiate or reason with the new owner or its representative.

Read more
Answered on 4/09/02, 3:41 pm
Larry Rothman Larry Rothman & Associates

Re: Forced removal of pet or eviction

You may be able to stay. I would be happy to review your lease without charge if you fax it to me at 714 363 0229. There may be a waiver if the lease is silent as to the cat. Do other persons in the complex have cats?

Read more
Answered on 4/09/02, 5:39 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California