Legal Question in Real Estate Law in California

I will live with a friend temporarily in CA while recovering from major surgery. The apt doea not allow pets and has told me my cats can't stay with me. I need them with me to help my mental state while I recover. Does any kind of law provide for me to have them temporarily while I am recovering? Or is a lease binding no m,atter what?


Asked on 6/30/10, 1:44 pm

2 Answers from Attorneys

Particularly since you are not even a tenant with rights under the leasehold, the pet prohibition stands.

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Answered on 6/30/10, 4:48 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

No-pet restrictions in leases are generally valid. I have found a few exceptions:

1. Persons over 60 and persons with certain infirmities must be allowed to have up to two pets in public housing projects. See Health & Safety Code sections 19901 and 50685.5. There are some exceptions and one would need to read the whole statute to see if it would apply, and of course it is limited to residential accommodations owned and operated by public agencies.

2. Local rent-control laws in a few cities restrict the right of landlords to have, or to enforce, no-pet rules. Los Angeles appears to be one such city. Don't know about 94109.

3. Service dogs such as guide dogs for the blind appear to be exempt from no-pet clauses, but I don't have a citation to the codes for you.

4. There may be additional laws limiting pet restrictions in mobile home parks and certain common-interest developments (condominiums), but this would require local inquiry.

In a run-of-the-mill rental situation, the landlord can forbid pets as a general matter.

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Answered on 6/30/10, 5:25 pm


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