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.
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.
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