Legal Question in Real Estate Law in California

Re: pet policy

Yes, it is legal. No, there is no rule of law that says: "What is good for one tenant is good for another." But there is a rule of ancient Roman Law that that says: "Summun ius summa inuria", which means: The more law, the less justice.

Re: pet policy

The no pet provision should be in the lease. If the lease is month-to-month, the landlord can amend it by giving you 30 days notice. So I would not move in with a pet in this situation.

If your lease is for a longer term, you might be able to stay there with the cat until the lease ends. Your case would be stronger if the owner did not say you can't have pets until after both parties signed the lease.

The owner cannot discriminate on the bases set forth in the Fair Housing Act, such as race, gender, familial status, religion, national origin, handicap, etc. California law adds other protected classes, such as sexual orientation, age, etc. If the owner is not discriminating on any of these grounds, the reason he gave is probably sufficient.

Re: pet policy

Was this issue decided before or after you signed the lease?

The answer is that the lease terms can be different for each tenant, and the lease will control. However, if the issue of pets came up, and both parties agreed pets weren't allowed before the signing of the lease, the landlord can argue it was part of the lease.