Legal Question in Real Estate Law in California

Share Rental Pet Dispute

I live in a rental where my lease is not up until 03/2004. my room mate has a cat that I did not know I was allergic too until we all moved in. My doctor has informed me that I need to get rid of the cat, but if I absolutely can't, the cat needs to be bathed once a week...Do I have any legal stance to tell my room mate to either get rid of the cat or bathe it once a week?


Asked on 3/11/03, 2:48 pm

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

Re: Share Rental Pet Dispute

I don't see that the law affords a remedy here. There is no broken contract and no tort that I can see. Well, if it were a bar exam question I could invent some theories, but I don't think a court is going to help you. This is something that needs to be worked out through negotiation.

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Answered on 3/11/03, 3:44 pm
Elena Schumann FRESHMAN and SCHUMANN, Attorneys at Law

Re: Share Rental Pet Dispute

I would look at the lease agreement you have with the landlord. If you are the only one on the lease, then you have control over the apartment and who or what lives in it (subject to the Landlord's permission). If you and your roomate both signed the lease but the lease does not allow pets, then your roomate is in violation of the lease. If the lease allows the cat (and usually there is an extra deposit to be put up)then you would have to try to negotiate something with your roomate. The bottom line is look at the lease and see if there is a way to solve your problem, maybe there is.

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Answered on 3/11/03, 6:51 pm


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