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

Q: I live in an apartment in Milpitas and my landlord has alleged my dog attacked someone. Given 48 hour to remove pet.

What is my recourse? I obviously don't want to get rid of my pet. How do I fight this?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, your landlord must provide evidence of the alleged attack before requiring you to remove your pet. It is essential to request any documentation or witness statements that support the claim. If your landlord cannot provide sufficient proof, you may have grounds to contest the removal.

You can also review your lease agreement to understand the specific terms regarding pets and what constitutes a breach. If your pet is registered as a service animal or an emotional support animal, additional protections may apply. Make sure to gather any evidence that shows your pet's good behavior, such as obedience training certificates or statements from neighbors.

If you believe the allegations are unfounded, you can try to negotiate with your landlord to find an alternative solution, such as increased supervision or additional training for your pet. If the landlord insists on the removal without valid proof, you might consider seeking legal advice to understand your rights and options for challenging the notice. This can help you protect your pet and ensure you are treated fairly under the law.

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