QUESTION

Can I ask a tenant to get rid of her pets?

Asked on Jun 13th, 2015 on Real Estate - California
More details to this question:
My father the landlord passed away. His heirs are now the legal owners. I am the executor. The rental agreement showed that the tenant owned one pet, a Chihuahua and did not say no pets but only had a clause saying No pets inside the apartment. Over ten years later she now has a German Shepherd also.Our concern is the liability as well as the destruction of property, a destroyed fence.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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First, are you in a city with rent control or a just-cause-eviction law? If so, then you'll need to talk to a rent control specialist. Some city's would treat eliminating the right to have a pet a decrease in the services provided and require a corresponding reduction of the rent. Some might prohibit such a change completely. Others may let you do it. If you have rent control, consult a lawyer who knows that city's law. If rent control and just-cause are not an issue, then you can amend the lease on 60 days written notice. However, you should consult with a real estate attorney. If the tenants refuse to get rid of the pet, refuse to move, and force you to sue to evict them, if they consult an attorney, they will raise any other problems with the property as defenses. Retaliation is a defense. If the dog damaged the fence and you can prove it, then they are responsible for the damage and owe you the money to pay for repairing the fence. Maybe instead of losing a tenant with whom you have no other problems, maybe you should talk to her about paying for these repairs and any further damage the dog has caused or causes in the future. Have you inspected her apartment? You need to. Dana Sack 510-286-2200
Answered on Jun 14th, 2015 at 10:42 AM

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