Legal Question in Real Estate Law in California
Violation by Landlord of Lease
I live in an apartment complex and the lease states pets are limited to two (2), with a further notation that dogs must weight less than 40 pounds. The leasing office has now been renting apartments to people with larger dogs (example: German Sheppards). I have brought this to their attention, and all I hear is ''we'll look into this''. What recourse, if any do I have in this situation?
1 Answer from Attorneys
Re: Violation by Landlord of Lease
if this particular covenant in the lease was "intended" to benefit you as a tenant, or if you can be deemed an intended third party beneficiary of the lease between the apartment management and the tenants violating the 40lbs or less provision, you would have very real and strong legal rights in respect to breach of contract. if this is the case, you may be able to remedy the situation thru recovery of damages caused to you and/or injunctive relief to compel the violating tenants or apartment management company to live up to the covenant within all leases regarding pet policy. if you would like further assistance, feel free to email me directly with more specific facts of your case.
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