Legal Question in Real Estate Law in California

Re: Removal of dog

If your son was just "told" that he had until the end of the month to move, that's probably not adequate notice to get him out. He would have to be given written notice. However, if you/he are not out by the deadline, the landlord would be within his right to give a 3 day notice to remove the dog or vacate.

If a lawsuit is filed and it goes before a judge, there is a slim chance that the judge would decide that the landlord was estopped from complaining about your dog since other dogs are allowed. I think that most likely the court would rule against you and you'd be evicted.

Sorry I don't have more optimistic advice, but I have to tell it like I see it.

Re: Removal of dog

Your information is not 100% clear to me, but it looks (if I understand it right) as though there are two processes running in tandem here.

First, there is a process to evict you for having a dog in violation of the lease. Despite your feelings that this is unfair, you must admit that you are in violation of the lease, which says you must have prior permission, and you don't.

Second, the lease is expiring anyway at the end of July, and the landlord has notified you of intention not to renew. He is not obligated to give you notice (assuming a term lease and not month to month), but has done so anyway, probably as a precaution to make sure you understand that you must vacate.

In my opinion, the first method was handled incorrectly because you (apparently) did not get a written notice. However, they could give you a three-day notice to perform covenant or quit at any moment.

The landlord might not bother to press the end-of-June demand and instead wait until 7/31 then bring an unlawful detainer against you if you're not out by the end of July. However, I can't be 100% sure, so if they try to evict you sooner you shouldn't be too surprised but you are entitled to a three-day notice in writing.

The other dogs and cats, and the landlord's delay in complaining about yours, could give you a defense of waiver, but it's weak. There is a possibility the real reason for the eviction or non-renewal isn't the dog, it's you. Some landlords don't like permanent guests or subtenants. You didn't mention the size of the apartment, but the management may think you're overcrowding, or something like that.

Re: Removal of dog

The landlord must give you a written 3 Day Notice to remove the dog or vacate. If you do not comply, then the landlord may commence eviction proceedings. If you move out before the unalwful detainer case goes to trial and hand over the keys, then you cannot legally have a judgment of unlawful detainer entered, but the unlawful detainer registry will still show that an unlawful detainer action was filed against you.