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  1. #1
    Join Date
    May 2015
    Posts
    1

    Question Condo Owner Rented to a Tenant With a Dog That Violates HOA Restrictions

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

    Hi,

    I recently bought a condo and finally got it rented out. The HOA had given me a list of rules for residents to follow, which included one regarding pet restrictions. They don't allow dogs over 18" in height. Before signing the lease, my tenant pointed out that she has a dog who's 24" tall and if that would be a problem. I had never owned a condo in a complex run by an HOA before, but I didn't think it would be an issue at all. I said it would be fine. She included a clause in the lease that mentioned the height of her dog. Only a month after her moving in, I received a letter from the HOA Board saying that her dog is in violation of their rules and that I need to get in touch with them to resolve the matter.

    My question is, would the law be on their side if they were to take legal action against me for violating their rules? And if I am forced to evict her, would I have some time, legally speaking, to allow her to find another place? Lastly, what might the consequences be if my tenant decides to take legal action against me for saying that it would be alright for her to have her dog? Ideally, I want to try and find a reasonable compromise with the HOA so that I won't have to evict her immediately (perhaps pay a fine and let her stay for the remainder of her 1 year lease or cut her lease in half and not allow for any renewal).

    Any advice would be much appreciated!

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Allowed Tenant to Move in with Dog, HOA Pet Restriction

    Quote Quoting kseirafi
    View Post

    My question is, would the law be on their side if they were to take legal action against me for violating their rules?
    Yes.

    Very much so.

    Quote Quoting kseirafi
    View Post

    And if I am forced to evict her, would I have some time, legally speaking, to allow her to find another place?
    Wouldn't matter.

    If you tried to evict her you would be in breach of contract and she could sue you and win a significant amount of monetary damages.

    If you need to have her move so that you can comply with the HOA rules you'll have to pay her to move as you have no legal standing to evict her.

    Quote Quoting kseirafi
    View Post

    Lastly, what might the consequences be if my tenant decides to take legal action against me for saying that it would be alright for her to have her dog?
    The consequences will be that this affair will cost you money regardless of how you accomplish it. Either get her agreement to move in exchange for X dollars or breach your contract, get sued, and end up with a judge awarding her X Plus dollars.

    Quote Quoting kseirafi
    View Post

    Ideally, I want to try and find a reasonable compromise with the HOA so that I won't have to evict her immediately (perhaps pay a fine and let her stay for the remainder of her 1 year lease or cut her lease in half and not allow for any renewal).
    That, of course, is between you and the HOA.

    Ask the HOA people what your alternatives are.

  3. #3
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Allowed Tenant to Move in with Dog, HOA Pet Restriction

    I'll be interested in what the HOA wants you to do. I don't see that you have a leg to stand on. You were informed of and understood the rules, but felt that a clear violation would not be an issue. It looks as if your tenant had misgivings, so made clear that she was aware of the restriction, and that she had informed you of her "violation" before signing the lease.

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