Legal Question in Real Estate Law in California

I have three pets in rental home but only allowed two!

I have three pets in my rental unit and only had two on my contract. My landlord found out about this and says we are under breach of contract and is looking to evict us! I have only been in my new home for a month and a half and what I found out is that my landlord put his new house up for sale that he just boought and is trying to push us out with technicalities.

My question is, does he have the right to kick us out or are we supposed to be given a time frame to get rid of one of the dogs?

Please HELP!


Asked on 7/10/04, 6:13 pm

3 Answers from Attorneys

Re: I have three pets in rental home but only allowed two!

It's impossible to answer your question without looking at your lease, but generally speaking, the landlord needs to give you 3 days' notice of intent to elect forfeiture of your lease before the rental agreement is no longer in effect. Even if you cure this breach (assuming having 3 dogs is a breach) within 3 days of the notice, the landlord may be entitled to monetary damages (if the lease so specifies) See CCP 1161.5

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Answered on 7/10/04, 7:39 pm
Joel Selik www.SelikLaw.com

Re: I have three pets in rental home but only allowed two!

after he gives you a 3 day notice to remedy the breach, in writing, you must fix the problem, or he can evict.

Joel Selik

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Answered on 7/11/04, 9:37 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: I have three pets in rental home but only allowed two!

The landlord must give you a three day notice to cure the breach of the agreement. If you do so (get rid of one of the pets) he cannot do anything. If you do nothing, he can evict you.

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Answered on 7/11/04, 12:46 pm


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