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Can a property owner/landlord make you give up some/all of your pets?

Montclair, CA |

A little background: We've had our cats for just about 8 years and never informed the original landlord we had them. Numerous inspections have been conducted on the premises and our apartment has had to be entered during these inspections. The different apartment managers, and sometimes the property owners, have entered our apartment during the inspections. Nothing has ever been said about our cats (knock on wood) and we've never hidden our cats. Since so much time has gone by, can they make us give up our cats? They're like family.

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Attorney answers 3

Posted

Yes. If you want to continue to live in the unit I would try and reach an accommodation with the landlord. Irrespective of the terms of your rental agreement, the landlord can terminate it at any time upon 60 days notice. My answer assumes you are not under a local rent control ordinance which might change this result. Good luck.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Posted

Generally speaking, yes, if there is no lease or rental agreement allowing for pets. Landlords are not required to rent to tenants with pets (except for service animals).

However, there are limited exceptions. In California, residents of public housing developments who are over the age of 60 or disabled may keep up to two small pets per apartment per California Health and Safety Code section 19901. Also, under federal law, tenants in "federally assisted" housing for the elderly or handicapped are allowed to own pets.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

Posted

Maybe. The length of time you've had the cats is important. However, if the building is under new management or your lease is up for renewal they can require that you adhere to a no pets policy.

If we do not have a signed fee agreement I am not your attorney and this is not legal advice.

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