Legal Question in Real Estate Law in California

Pet Depots

There has been a request from the management company that anyone with a pet must pay a $300.00 deposit per pet and limit 2 pets.

Some of us have lived here from 2 to 10 years without this requirement inforced. The issue came to a head due to someone calling in and asking that one of the tenents be able to keep the dog she rescued until she can place him. They had given her a 3 day notice to ''get rid of'' dog or leave. The dog has been here for almost a year with no problems, but the managers supervisor came to check the complaints this person wrote a letter on and now they are causing us ALL to come up with deposits. There are only about 15 tenents (100 units) that have pets and we would all have trouble coming up with 300.00 to 600.00 by the 15th of Oct.

Is this something they can inforce? What can we do, if anything, so that we do not have to either leave or give up our babies (pets)?

Sincerely


Asked on 10/02/03, 11:39 am

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Pet Depots

Since you did not provide information as to what discussions and disclosures were provided when you and others moved in prior to enforcement, cannot answer question. You may have argument against enforcement, however, they can enforce on new individuals. I need more information befoe I can tell you anything more certain.

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Answered on 10/02/03, 12:46 pm

Re: Pet Depots

If the landlord accepted rent with knowledge that there were pets on the premeses, he may have waived his ability to object to their presence (or lack of deposit). As a practical matter, however, if you are on a month-to-month lease, however, this is moot because he can simply insist that you start the lease anew.

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Answered on 10/02/03, 1:27 pm


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