Legal Question in Landlord & Tenant Law in California

can my land lord kick me out if my wife gets a service dog? our apartments don't allow dogs.

Asked on 2/20/12, 10:32 am

4 Answers from Attorneys

Brian Rosales Harris, Rosales & harris
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No. A service dog is not a pet. A lamdlord must allow a service dog even if he has a "no pet" policy. A termination of a tenancy because of a service animal would be an act of discrimination.

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Answered on 2/20/12, 10:51 am
Armen Tashjian Law Offices of Armen M. Tashjian
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Service dogs are exempt from such ("no pet") policies pursuant to ADA. If you and your wife are being evicted because of the service dog, you (a) have a viable defense against eviction, and (b) a very good lawsuit against the landlord for violation of civil rights.

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Answered on 2/20/12, 12:36 pm
Larry Rothman Larry Rothman & Associates
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If the landlord tries to evict you by 3 day notice, you should prevail in the eviction and also have an action under American Disabilities Act. I had to unfortunately defend one of these cases in the past.

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Answered on 2/20/12, 12:58 pm

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