Legal Question in Landlord & Tenant Law in California

We got a 3 day notice because of our dog. Pets aren't aloud so I understand but I gave them a doctors note the two days later stating that it is an emotional support dog for my disability. The landlord also gave us a 60 day notice because we were breeching our lease agreement but we didn't. She sent a letter stating the dog can stay because of the dog law but we still have to be out in 60 days but we didn't so anything and didn't break our lease. We have always paid on time and have been great tenants what can I do?

Asked on 5/09/13, 4:30 pm

1 Answer from Attorneys

Brian Rosales Harris, Rosales & harris

A companion animal is not a pet and must be allowed by the landlord. If you are on a month to month agreement either party can give notice to terminate the tenancy for any reason but not an improper reason. If the landlord's notice was motivated by your companion animal it is improper and you would have a discrimination defense in an eviction suit. It would be a question of fact that you would have to prove to the judge or jury at a trial.

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Answered on 5/14/13, 10:35 am

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