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Is it lawful for a landlord to threaten eviction over a pet if there is no written agreement?

Monrovia, CA |

My landlord has a dog and two cats. On many occasions, I have asked him to clean the cats' litter box when it begins to make the house smell like ammonia. I have also had my own dog here for the 2 years that I have been here. Recently, my girlfriend has been staying over, which hasn't been a problem, but now someone has given her a small puppy, less than 5 lbs., and she has been bringing it with her when she comes to visit. My roommate has been harrassing me and threatening to kick me out over this little dog, which stays mostly in my room, a room that I paid to put new carpet into because the original carpet was in horrible shape. I have been trying to reason with him, but it has come to the point where I have to pay to kennel my dog if my girlfriend is to come over. Is this okay?

Attorney Answers 3

  1. Yes. Generally speaking, it would be lawful for the landlord to evict a tenant under such circumstances.

    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 posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  2. Since the landlord apparently did not put a "no pets provision" in the lease (or if the landlord did it was waived by accepting rent for two years knowing of your dog), the landlord may not be able to evict you by proving the pet problem was so severe as to amount to a "nuisance" or "waste" upon the premises under CCP 1161(4); Freeze v. Brinson, 3 Cal.App.4th Supp. 1, 5 (1991).

  3. Why in the world would you want to stay? Do yourself a favor and move out.

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

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