Oakland, CA asked in Landlord - Tenant and Animal / Dog Law for California

Q: Can my landlord evict me with two weeks’ notice over Service dogs he previously agreed to?

Owner of the property rental we are currently renting from pretty much owns the world/area we live in out here so he feels very powerful.

With that being said, I feel he is evicting us from a place we haven’t even been in for a month yet. I have a mental disability which allows me to have my ESA. (2)

After presenting him with this note stating so from my physician, he is still proceeding to give us a email notice stating we need to be out (due to dogs) no later then the 2nd of January and this was him being gracious. We have Emails stating he knew of my ESA prior and was willing accommodate me at my own expense as well as another 2k on top of our $4,800 deposit that was already paid.

Other residents on ranch/ property we are on have 2 dogs each that run freely on the property. Not service to their owners what so ever.I feel extremely singles out and with my anxiety spiking back up and having to worry about our children and the holidays, it makes it that much worse, I need help.

2 Lawyer Answers
William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: You should not be evicted over service dogs. That would be a violation of the Unruh Act. Speak with an attorney about your potential claims.

John Karas
John Karas
Answered
  • Temecula, CA
  • Licensed in California

A: Despite your short tenancy, landlords are required to give 30 days notice before filing an Unlawful Detainer (eviction) action unless you are violating a lease/rental agreement term other than non-payment of rent.

I suggest you contact Legal Aid to help you with paper work or hire a landlord-tenant lawyer in your area as soon as possible. Once a UD action is filed, you only have 5 calendar days (which includes weekends) after being served with the UD Complaint to file a response.

Otherwise, a default judgment will be entered against you and the LL can obtain a court order directing the local Sheriff's Department to re-take possession of the premises you are renting, forcibly if necessary, so time is of the essence.

Good luck.

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