Q: Lease doesnt specify pet limit however I got a “Lease Violation” for having more than 2. Do I have to get rid of them?
My lease does not specify the max pet limit. I have 3 cats and a mini dog. I received a lease violation letter because of this. The options I was given are to rehome them or move out. In my lease I signed an acknowledgment stating “I acknowledge there are no other agreements regarding animal policies” yet they state 2 is the limit. Is this legal for them to do? I already started packing to move because I refuse to get rid of them.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, the terms of your lease agreement play a critical role in determining your rights and responsibilities as a tenant, including policies regarding pets. If your lease does not explicitly limit the number of pets you can have, and you've signed an acknowledgment that there are no other agreements regarding animal policies, then the landlord's attempt to enforce a pet limit not stated in the lease might be viewed as an alteration of the terms without your consent.
However, landlords have the right to enforce rules that ensure the property is well-maintained and safe for all tenants. If there's a belief that having more than a certain number of pets could negatively impact the property or the living conditions of other tenants, the landlord might argue the need to impose restrictions. Still, any changes or enforcement of new rules not originally in the lease should be carried out in a manner that respects tenants' rights and follows legal procedures.
It may be beneficial for you to discuss the situation with your landlord to seek a mutually agreeable solution. If this approach doesn't yield a satisfactory outcome, you might consider seeking advice or mediation to understand your rights fully and explore your options. Remember, communication is key, and often disputes can be resolved amicably through open and honest dialogue.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
