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  1. #1
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    May 2015
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    Default 3 Day Notice to Perform or Quit Due to Violation of a No Pet Policy

    My question involves landlord-tenant law in the State of: California

    Hi,

    My parents just received a three day notice to act or quit for our family dog. They live in the city of Los Angeles and my understanding is that they are not in a yearly lease but pay month to month. They have lived there for more than 15 years and have had the dog for almost 6 years. If there has been a no pet policy all this time, not sure if there has been or not, is it enforceable after all this time? There have been repairs and inspections througout their time living there and the owner, supervisor, and manager have been aware that they had a dog and my parents don't understand why they are taking action until now. Any advice and information on how to respond is greatly appreciated.

    Thanks

  2. #2
    Join Date
    Jul 2007
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    Florida
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    2,344

    Default Re: 3 Day Notice to Perform or Quit

    If the landlord has decided s/he no longer wants pets on the premises then they will either have to move or find a new home for the dog. They have no lease agreement allowing the pet. With 30 days notice their tenancy can be terminated for any reason that doesn't discriminate on a prohibited basis. Pet ownership isn't one of those bases.

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: 3 Day Notice to Perform or Quit

    Quote Quoting WhyJust
    View Post
    My question involves landlord-tenant law in the State of: California

    Hi,

    My parents just received a three day notice to act or quit for our family dog.
    Exactly what does it say about the dog? Quote the whole notice word for word.

    Because, except for non-payment of rent, according to CA Code of Civil Procedure Section 1161, Paragraph 4, a 3 day notice is enforceable only for:

    "committing waste upon the demised premises, contrary to the
    conditions or covenants of his or her lease, or maintaining,
    committing, or permitting the maintenance or commission
    of a nuisance upon the demised premises or using the premises
    for an unlawful purpose"


    http://www.leginfo.ca.gov/cgi-bin/di...ile=1159-1179a

    In other words, there would have to have been a specific serious allegation about the dog, not just that they have a dog after the rules change.

    In the absence of a serious allegation, Section 1946.1 (b) of the CA Civil Code requires 60 days written notice since they've been living there over a year:

    An owner of a residential dwelling giving notice pursuant to
    this section shall give notice at least 60 days prior to the proposed
    date of termination.


    http://www.leginfo.ca.gov/cgi-bin/di...le=1940-1954.1

    - - - Updated - - -

    Quote Quoting Bubba Jimmy
    View Post
    If the landlord has decided s/he no longer wants pets on the premises then they will either have to move or find a new home for the dog. They have no lease agreement allowing the pet. With 30 days notice their tenancy can be terminated for any reason that doesn't discriminate on a prohibited basis. Pet ownership isn't one of those bases.
    It's 60 days since the parents have been living there more than a year.

    See my statute citation.

  4. #4
    Join Date
    May 2015
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    3

    Default Re: 3 Day Notice to Perform or Quit

    Thank you Bubba and adjusterjack. I have included a picture of what I believe is the relevant portion of the notice. By the way, my parents live in a rent controlled apartment if that helps them in an any way. Also, the owner has been taking in new tenants with dogs, could this be of help to my parents case?
    http://imgur.com/pZqd7uv

  5. #5
    Join Date
    Mar 2013
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    18,340

    Default Re: 3 Day Notice to Perform or Quit

    Quote Quoting WhyJust
    View Post
    Thank you Bubba and adjusterjack. I have included a picture of what I believe is the relevant portion of the notice. By the way, my parents live in a rent controlled apartment if that helps them in an any way. Also, the owner has been taking in new tenants with dogs, could this be of help to my parents case?
    http://imgur.com/pZqd7uv
    No, the rent control thing has nothing to do with this.

    OK, I'm not a lawyer and your parents act on my comments at their own risk.

    I suggest an immediate response, in writing, with the following wording or something like it:

    Dear __________

    Please be advised that we reject your 3 day notice as being invalid and illegal for the following reasons:

    1 - You have failed to specify any acts that are specifically prohibited in our rental agreement.
    2 - You have failed to specify the nature of any nuisance in, or damage, to, the premises, or to the appurtenances thereto, or to the common areas of the complex containing the premises, or creation of any unreasonable interference with the comfort, safety, or enjoyment of any of the other renters of the same or any adjacent building that you allege us to have committed.
    3 - You refer to a "lease agreement" that purports to state that we cannot have a dog in our apartment. Please provide a copy of any such current "lease agreement" with our signatures that contains such a condition.
    4 - If you cannot provide such a written document then there is obviously no prohibition against having a dog in our apartment because we have had a dog in our apartment for a long, long time with no objection by management. Further, you have been accepting dogs owned by other tenants so there is obviously no widespread prohibition against dogs.
    5 - If you cannot provide a current written lease then we acknowledge that we are month-to-month tenants and you must give us 60 days written termination notice in accordance with Section 1946.1 (b) of the California Civil Code which requires 60 days written notice since we've been living here for more than a year. The following provision is quoted directly from the statute:

    "An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination."

    Demand is now made that you cease and desist any further harassment and interference with our quiet enjoyment of our residency. Failure to comply with this demand may be met with appropriate legal action under the laws of the State of California.


    __________________________________________________ ____________________________

    Warning: You'd better make sure that they don't have a current written lease. I find it hard to imagine that they wouldn't have one under rent control laws. But if they don't, they can use that letter but they need to be prepared to move if the management comes back with the 60 days notice.

    If they do have a written lease, get it, and come back to discuss if there's anything in it about the dog before they respond to the 3 day notice.

  6. #6
    Join Date
    Sep 2005
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    Default Re: 3 Day Notice to Perform or Quit

    Quote Quoting WhyJust
    View Post
    If there has been a no pet policy all this time, not sure if there has been or not, is it enforceable after all this time?
    We're not in a position to tell you whether or not there is a "no pet" policy. If there is, they can try to argue waiver but, even if waived, the term can be re-imposed upon proper notice as this is a month-to-month tenancy. Very often when a landlord turns a blind eye to a dog but then enforces a no pets policy, there is a triggering incident -- such as a problem with barking, threatening behavior by the animal, a dog bite....
    Quote Quoting Bubba Jimmy
    View Post
    With 30 days notice their tenancy can be terminated for any reason that doesn't discriminate on a prohibited basis.
    Given the length of the tenancy, sixty days; but, yes. One of the consequences of being a month-to-month tenant is that your tenancy can be ended on relatively short notice. The rent control ordinance provides some additional protections, though, that limit the landlord's ability to terminate the lease without cause.
    Quote Quoting adjusterjack
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    Because, except for non-payment of rent, according to CA Code of Civil Procedure Section 1161, Paragraph 4, a 3 day notice is enforceable only for:
    Paragraph 2 relates to 3-day notices to quit for non-payment; Paragraph 3 relates to 3-day notices to quit for violating the terms of a lease; paragraph 4 relates to 3-day notices for committing waste. The tenant has the duration of the notice period to stop violating the lease, and thereby avoid a possible eviction case.
    Quote Quoting California Code of Civil Procedure, Sec. 1161(3)
    3.. When he or she continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days' notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him or her, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or his or her subtenant, demanding the performance of the violated conditions or covenants of the lease.

    A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of his or her unlawful detention of the premises underlet to him or her or held by him or her.
    Quote Quoting adjusterjack
    View Post
    I suggest an immediate response, in writing, with the following wording or something like it:
    A letter will not stop an eviction proceeding and, if the landlord is happy to have the tenant continue in residency as long as the dog goes, may precipitate a 60-day notice to terminate the tenancy. The landlord would have to comply with the L.A. rent control ordinance; but they can do so by asking that the tenant sign a new lease agreement with terms substantially equivalent to the original lease, thereby re-instituting any possibly waived "no pets" clause, and then proceeding with eviction based upon either a refusal to sign the new lease agreement or the violation of the no pets clause. One has to be careful not to drop from the frying pan into the fire.

    It would be very helpful to know why the dog has suddenly become an issue.

  7. #7
    Join Date
    May 2015
    Posts
    3

    Default Re: 3 Day Notice to Perform or Quit

    Thank you all for your input.

    In regards to the agreement, I have yet to see it for myself.

    Mr. Knowitall, my sister mentioned that the manager said that a tenant complained about the dogs and made her aware that it was not just our dog, but all dogs. Which I don't understand. If they don't allow pets, why are have they been accepting new tenants with dogs as recently as the 1st of this month.

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